HomeMy WebLinkAboutDWQ-2024-005920
STATEOF UTAHDEPARTMENTOFENVIRONMENTALQUALITYDIVISIONOFWATERQUALITY
Authorizationto DischargeMunicipalStormWater Under theUtahPollutantDischargeEliminationSystem(UPDES)
UPDESPERMITNUMBERUTS000001
This Permit is issued in compliance with the provisions of the Utah Water Quality Act, Utah Code Title19, Chapter 5, (the "Act"), the FederalWater Pollution ControlAct (33 U.S.C. §§
1251 et. seq., asamendedtodate), andtherulesandregulationsmadepursuanttothosestatutes,tothe
JORDANVALLEYMUNICIPALITIES,specifically,
SALTLAKECOUNTY,BLUFFDALECITY,COTTONWOODHEIGHTS,DRAPERCITY,GREATERSALTLAKEMUNICIPALSERVICEDISTRICT,HERRIMAN CITY, HOLLADAYCITY, MIDVALE CITY, MILLCREEK,MURRAY CITY, RIVERTON CITY, SANDY
CITY, SOUTHJORDANCITY, SOUTH SALT LAKE CITY, TAYLORSVILLECITY,WEST JORDANCITY, ANDWESTVALLEYCITY
Thismodified PermitshallbecomeeffectiveonDATE.
This Permit and the authorization to discharge shall expire at midnight, February 25, 2025, except asdescribedinPart6.3ofthisPermit.
SignedthisDATE
__________________________
John K. Mackey,P.E.
Director
UPDES PERMIT FOR DISCHARGES FROMMUNICIPALSEPARATESTORMSEWERSYSTEMS(MS4s)
TABLEOF CONTENTS1.0CoverageUnderthisPermitAuthoritytoDischarge
This Permit authorizes the discharge, to waters of the state of Utah, of storm water from Co-Permittees defined in Part 1.2. of this Permit.This authorization is subject to all of the
terms andconditions of this Permit.This Permit does not authorize discharges prohibited under Part 1.4. ofthis Permit.PermitAreaandEligibilityThisPermitcoversallthefollowingseparatejurisdictionalareaslocatedwithinGreater
SaltLake Countyas follows:Areascoveredunder“PhaseI”provisionsinthisPermitwhichincludesunincorporated Salt Lake County. This permitted area covers all areas within theunincorporated boundary
of Salt Lake County served by, or otherwise contributing todischarges from, the municipal separate storm sewer(s) owned or operated by SaltLake County and also includes all Salt Lake
County owned and operated stormdrainage facilities (“countywide facilities”) that are not owned or operated by theGreater SaltLakeMunicipalService District (MSD);andAreascoveredunder
“PhaseII”provisionsinthisPermit whichincludes:Salt Lake County “countywide” facilities owned and maintained by Salt Lake Countythat are within Greater Salt Lake County, but outside of
the boundaries of Salt LakeCity and unincorporated Salt Lake County that are not owned or operated by theMSD; andIncorporated areas within Salt Lake County, which are defined as small
municipalseparate storm sewer systems as defined in Utah Administrative Code (UAC) R317-8-3.9and listed below:BluffdaleCityCottonwoodHeightsDraperCityGreaterSaltLakeMunicipalServiceDistrictHerrimanCityHolladay
CityMidvale CityMillcreekCityMurrayCityRiverton CitySandyCitySouthJordan CitySouthSaltLake CityTaylorsvilleCityWestJordan CityWest ValleyCityAdditional operators of small municipal separate
storm sewers within the boundariesof Salt Lake County, which submit application and are approved for inclusion underthePermitduringthecourse ofthis Permitcycle.No operator of a Small
MS4 described in 40 CFR 122.32 may discharge from thatsystem without authorization from the Director.(See Utah Administrative CodeSectionR317-8-3.9(1)(h)(1)(a),whichsetsforththePermitting
requirement,andR317-8-1.10(13), which incorporates 40 CFR 122.32 by reference).Authorization todischargeundertheterms and conditionsofthis Permitis grantedif:The operator submits a Notice
of Intent (NOI) in accordance with Part 2.0 of thisPermit;The MS4 is located fully or partially within an urbanized area as determined by thelatest DecennialCensusbythe BureauofCensus;The
operator is ordered by the Director to obtain coverage under this Permit, asprovidedinthe UPDESrules, R317-8.Thefollowingaretypes ofauthorizeddischarges:Storm water discharges.This Permit
authorizes storm water discharges to waters ofthestatefromtheSmallMS4s identifiedin 1.2.1., except as excludedin Part 1.4.Non-storm water discharges.The following non-storm water discharges
do not needto be addressed unless the Co-Permittee or the Director identifies these discharges assignificant sources of pollutants to waters of the state or as causing or contributing
toaviolationofwaterqualitystandards:Waterline flushingLandscapeirrigationDivertedstreamflowsRisingground watersUncontaminatedgroundwaterinfiltrationUncontaminatedpumpedgroundwaterDischargesfrompotablewatersourcesFootingdrainsFoundationdrainsAirconditioningcondensateIrrigationwaterSpringsWaterfromcrawlspace
pumpsIndividualresidentialcar washingFlowsfromriparianhabitatsandwetlandsDechlorinatedswimmingpooldischargesResidualstreet washwaterDechlorinatedwaterreservoirdischargesDischargesorflowsfromemergencyfirefightingactivityLocalAgencyAuthority
ThisPermitdoesnotpre-emptorsupersedetheauthorityoflocalagenciestoprohibit,restrict,orcontroldischargestostormdrainsystemsorother water courses withintheirjurisdiction.LimitationsonCoverage
ThisPermitdoesnotauthorize:Discharges that are mixed with sources of non-storm water unless such non-stormwater discharges are in compliance with a separate UPDES Permit or are determinednot
to bea substantialcontributor ofpollutantsto waters ofthestate.StormwaterdischargesassociatedwithindustrialactivityasdefinedinUtahAdministrativeCode (UAC)R317-8-3.9(6)(c).Storm waterdischargesassociatedwithconstructionactivityasdefinedinUACR317-8-3.9(6)(d)(10)and
R317-8-3.9(6)(d)(11).Stormwaterdischargescurrentlycoveredunderanother Permit.Discharges that would cause or contribute to in-stream exceedances of water qualitystandardsascontainedin
UACR317-2.Discharges of any pollutant into any waters of the state for which a Total MaximumDaily Load (TMDL) has been approved by EPA unless the discharge is consistentwith the TMDL.
This consistency determination applies at the time a Notice ofIntent is submitted.If conditions change after coverage is issued, the coverage mayremain active provided the conditions
and requirements of Part 3.1. of this Permit arecomplied with.Co-Permittee(s)andCo-PermitteeAccountabilityThefollowingentitiesareCo-Permittees coveredinthis Permit:All entitieslistedinPermitParts1.2.1.1.,1.2.1.2.1,
and1.2.1.2.2,and;Additional operators of small municipal separate storm sewers within the boundariesof Salt Lake County, which submit application and are approved for inclusion underthePermitduringthecourse
ofthis Permitcycle.
EachCo-Permitteeisindividuallyaccountablefor:Permit compliance for discharges from portions of the MS4 where it is the operatorandforareaswithinitslegaljurisdiction,unlessanotherCo-Permitteehasagreedin
writingtoassumethatresponsibilitywithinthejurisdictionoftheCo-PermitteeasdescribedinAppendix I:Co-PermitteeIdentificationand Accountability;Development of a Storm Water Management Program
(SWMP) as further describedin Part4.0., in the MS4 area of their jurisdiction, unless another Co-Permittee hasagreed to assume that responsibility within the jurisdiction of the Co-Permittee
asdescribedinAppendix I:Co-PermitteeIdentificationand Accountability;Implementation of a SWMP and ensuring that the six minimum control measuresdescribedinPart4.2. are implementedforportions
oftheMS4where it is theoperator and in areas within its legal jurisdiction, unless another Co-Permittee hasagreed to assume that responsibility within the jurisdiction of the Co-Permittee
asdescribedinAppendix I:Co-PermitteeIdentificationand Accountability;Permitcompliance(allorpart),developmentofaSWMP(allorpart),andimplementation of the SWMP (all or part) in an area
outside of the Co-Permitteeslegal municipal jurisdiction if the Co-Permittee has agreed to the added responsibilityasdescribedin AppendixI: Co-PermitteeIdentificationandAccountability;Cooperation
in compiling any shared portions of the annual reporting requirementslisted in Part 5.6., except that a Co-Permittee is individually liable for any parts of theannual report that relate
exclusively to portions of the MS4 where it is the operator asspecifiedin AppendixI:Co-PermitteeIdentificationandAccountability;Phase I Co-Permittee, Salt Lake County, shall provide
wet weather monitoring asdescribedin Appendix IIIifrequired bythe Director.Phase I Co-Permittee, Salt Lake County shall comply with the additional Industrialand High Risk Runoff Permit
requirements contained in Part 4.3. if industrial andhigh-risk runoff commercial sites meeting the criteria identified in Part 4.3.1. arelocatedwithintheunincorporatedboundaryofSaltLakeCountyservedby,orotherwise
contributing to discharges from, the municipal separate storm sewer(s)owned or operated by Salt Lake County and also including all Salt Lake Countyowned and operated storm drainage facilities
(“countywide facilities”) that are notownedoroperatedbytheGreaterSaltLakeMunicipalServiceDistrict(MSD).DocumentstheCo-PermitteesShallDeveloptoAppendthePermit
The following documents shall be developed and signed (in accordance with Part 6.8. SignatoryRequirements) by the Co-Permittees, and will append the Permit as enforceable Permit conditionsbindingon
the Co-Permittees:AppendixI:Co-PermitteeIdentificationandAccountabilityshallcontain:AlistofallCo-PermitteescoveredbythisPermit,adescriptionofthelegaljurisdiction of the Co-Permittees,
MS4 boundaries, and the date the Co-Permittee isofficially included as a Co-Permittee under this Permit (the Permit shall be modifiedasaminormodification,notrequiringpublicnotice,pursuanttoUACR317-8-5.6(3)(d)to
officiallyinclude additional Co-Permittees);WherePermitcomplianceandSWMPdevelopmentandimplementationaccountability is transferred, all or part, to another Co-Permittee, a description
ofwhere (on which Co-Permittee) the accountability falls.The description shall assignclearanddistinctaccountabilitytotheCo-Permitteesinvolvedastowhoisresponsible for what Permit compliance
issues, who is to develop what portions of aSWMP,and whoisto implementwhatportionsoftheSWMP;Any necessary agreements, contracts, or memorandum of understanding (MOUs)between Co-Permittees
and/or other municipal (or non-municipal) entities that affecttheimplementation andoperation ofSWMP.TimingforDevelopment&InclusionsorExclusionsofCo-Permittees:TheCo-PermitteeIdentificationandAccountabilitydocumentmustbeupdatedwithin30
days ofissuanceofthis Permit;TheCo-PermitteeIdentificationandAccountabilitydocumentshallbeupdatedimmediatelyforeach newinclusionorexclusionofaCo-Permittee.AppendixII:StormWater ManagementPlan(foreach
MS4listedin
AppendixI):Thepurposes,objectives,andtherequiredcontentsofAppendixIIarelistedinPart
4.0ofthisPermit.AppendixIII: StormWaterWet andDryWeatherMonitoring Plans:Thepurposes,objectives,andtherequiredcontentsforAppendixIII arelistedinPart
5.2ofthisPermit.Modificationstothisdocument shallbeapprovedwithasignaturebytheDirector.ModificationandMaintenanceof Appendices:Co-Permittees shall keep the documents in the appendices
current and up to date andattempt toachieve thepurposeand objectivesoftherequireddocument;Allmodifications to the appendix documents shall show proof that it was submittedtotheDirector(areceiveddatestampfromtheDivisionofWaterQuality,orverification
e-mail from DWQ would be sufficient), and if required, it shall show thatitwasapprovedbytheDirector(asignaturebytheDirectorbyanapprovalstatement on the document, a separate letter signed
by the Director approving of themodification,orsimilaris sufficient);Each Appendix shall maintain a record of the original document, each modification,andthe datethe modification was
made;The Director may at any time make a written determination that parts or all of theappendixdocumentsareunacceptable,whereintheCo-Permittee(s)mustmakemodificationstotheunacceptablepartswithin30days,orwithinatimeframespecifiedbythe
Director.NoticeofIntent andStormWaterManagement ProgramRequirementsNewApplicants
The requirements of this Part apply only to Co-Permittees notcovered under the previous JordanValley Municipalities UPDES Permit No. UTS000001, i.e. New Applicants.Co-Permittees thatwerecoveredunderthepreviousJordanValleyMunicipalitiesUPDESPermitNo.UTS000001,
i.e. Renewal Applicants, and have submitted a notice of intent (NOI) at least 180 days prior to theexpirationdateoftheprevious Permit,shallinsteadfollowtherequirements of Part 2.3.New
applicants shall meet the following application requirements.The Notice ofIntent(NOI)shallincludesubmittaloftheStormWaterManagementProgram(SWMP) document. Detailed information on SWMP
requirements can be found inPart4.0 ofthis Permit.Within180daysofnotificationfromtheDirector,theoperatoroftheMS4shallsubmitaNOIformasprovidedbytheDivisionathttps://deq.utah.gov/water-quality/municipal-separate-storm-sewer-system-ms4s-permits-updes-permits.(TheDirectorretainstherighttograntpermissionforalatersubmissiondateupongoodcauseshown).OneoriginalcompletedNOIshallbe
submitted,bymailorhand deliveryto:
Attention:MS4 Program Coordinator
General Permitting Section
Department of Environmental QualityDivisionofWaterQuality
195 North 1950West
POBox144870
Salt LakeCity,UT84114-4870Late submittal of an NOI is prohibited (unless permission has been granted by theDirector).If a late NOI is submitted, authorization is only for discharges
that occurafter Permit coverage is granted.The Director reserves the right to take appropriateenforcement actionsforanyunpermitteddischarges.Whereapplicationismadebyanewapplicantthathasassumedoperationalcontrolof
an MS4 for which coverage under this Permit was previously held by a separateentity, the Director may determine that the new applicant shall comply with thePermit requirements in this
Permit, as directed for Renewal Permittees.Notificationshall be made by the Director of this requirement in writing to the New Applicantprior to issuance ofPermitcoverageImplementation
of the Co-Permittee’s SWMP shall include the six minimum controlareas, including Measurable Goals, described in Part 4.2. Measurable Goals for eachoftheprogramareasshallinclude,asappropriate,theyearbywhichtheCo-Permitteewillundertakerequiredactions,includinginterimmilestonesandthefrequencyoftheactionifapplicable.ImplementationoftheCo-Permittee’sSWMPasdescribedintheCo-Permittee’sapplicationisrequiredtobeginwithin30daysafterthecompletedapplicationis
submitted.TheCo-PermitteeshallfullydevelopandimplementtheSWMPasdiscussed in Part 4.0 of the Permit by the end of the Permit term unless a morerestrictivetimeframe is indicated.If an
Operator is designated by the Director as requiring Permit coverage later thanone year after the effective date of this General Permit, the Director may approvealternative deadlines
that would allow the Co-Permittee to have its program areasimplemented.Contentsof theNoticeof Intent
TheNoticeof Intentrequires,at aminimum,thefollowinginformation:Name, address, and telephone number of the principal executive officer, rankingelected official or other duly authorized
employee in charge of municipal resourcesusedforimplementation ofthe SWMP;Name(s)/ identification of waters of the state as defined by UAC R317-1-1.32 thatreceivedischarges fromtheCo-Permittee’sMS4;Name
of the person responsible for overseeing implementation and coordination oftheSWMP;Summary description of the overall water quality concerns, priorities, and measurablegoals specific
to the Co-Permittee that were considered in the development of theSWMP;The SWMP document shall consist of, at a minimum, a description of the programelements that will be implemented
(or already exist) for each of the SWMP minimumcontrol measures. The plan shall be detailed enough for the Division to determine theCo-Permittee’s general strategy for complying with
the required items in each of thesixminimumcontrolmeasuresinthe SWMPdocument (see Part 4.2ofthisPermit);Information on the chosen Best Management Practices (BMPs) and the measurablegoalsforeachofthe
storm waterminimum controlmeasures inPart4.2 of thisPermit and, as appropriate, the timeframe by which the Co-Permittee will achieverequiredactions,includinginterimmilestones;Co-Permittees
shall each submit an NOI and individual SWMP document which willclearlyidentifytheareasoftheMS4forwhicheachoftheCo-Permitteesareresponsible. Co-Permittees which are relying on another
entity(ies) to satisfy one ormore of their Permit obligations shall include with the NOI, a summary of the Permitobligations that will be carried out by the other entity(ies).During
the term of thePermit, Co-Permittees may terminate or amend shared responsibility arrangements bynotifyingthe Director,provided this doesnotalterimplementationdeadlines.CertificationandsignaturerequirementsinaccordancewithPart6.8.StormWaterManagementProgramPlanDescriptionforRenewalCo-PermitteesTherequirementsofthispartapplyonlytoRenewalCo-PermitteesthatwerecoveredunderthepreviousJordanValleyMunicipalitiesUPDESPermitNo.UTS000001.New
applicants are not required to meet the requirements of this Partandinstead shallfollowtherequirements of Part2.0.Renewal Co-Permittees shall submit a revised SWMP document to the Directorwithin
180 days of the effective date of this Permit, which includes at a minimum, thefollowinginformation:Permitnumber;MS4locationdescriptionand map;Information regarding the overall water
quality concerns, priorities, and measurablegoals specific to the Co-Permittee that were considered in the development and/orrevisionsto the SWMPdocument;A description of the program
elements that will be implemented (or are already beingimplemented) in eachofthesix minimumcontrolmeasures(see Part 4.0);A description of any modifications to ordinances or long-term/ongoing
processesimplementedinaccordancewiththepreviousMS4Permitforeachofthesixminimumcontrolmeasures;A description ofhow the Co-Permittee intends to meet the Permit requirements asdescribed
in Part 4.0 by either referencing existing program areas that already meetthe Permit requirements or a description and relevant measurable goals that include,as appropriate, the year
by which the Co-Permittee will achieve required actions,includinginterimmilestones.Indicate the joint submittal (s) of Co-Permittees (if applicable) and the associatedresponsibility(ies)in
meetingrequirements of the SWMP.CertificationandsignaturerequirementsinaccordancewithPart6.8.The revised SWMP document shall contain specific details for complying with therequired items
in each of the six minimum control measures contained within theSWMPdocument (See Part4.2.).SpecialConditionsDischargestoWaterQualityImpairedWatersApplicability:Co-Permitteesshall:Determine
whether storm water discharge from any part of the MS4 contributes to a303(d) listed (i.e., impaired) waterbody.A 303(d) list of impaired water bodies isavailableat https://wq.deq.utah.gov/.
Water quality impaired waters means any segment of surface waters that has beenidentified by the Division as failing to support classified uses. If the Co-Permitteehas discharges meeting
these criteria, the Co-Permittee shall comply with Part 3.1.2.and Part 3.2., if applicable, and if nosuchdischarges exist,theremainderofthis Part 3.1doesnotapply.If the Co-Permittee
has “303(d)” discharges described above, the Co-Permittee mustalso determine whether a Total Maximum Daily Load (TMDL) has been developedby theDivision and approved by EPA forthelisted
waterbody.Ifthereisanapproved TMDL, the Permittee must comply with all requirements associated withthe TMDL (see Part 3.2.) as well as the requirements of Part 3.1.2. below.If no TMDL
has beenapproved, the Co-Permittee must comply with Part 3.1.2. below and any TMDLrequirements once it has been approved.TMDL requirements may be put into effectat anytime duringthis
Permit term.WaterQualityControlsforDischargestoImpairedWaterbodies.IftheCo-Permittee discharges to an impaired waterbody, the Co-Permittee shall include in itsSWMP document a description
of how the Co-Permittee will control the discharge ofthe pollutants of concern.This description must identify the measures and BMPs thatwillcollectivelycontrolthedischargeofthepollutantsofconcern.Themeasuresmust
be presented in the order of priority with respect to controlling the pollutants ofconcern.Where a discharge is already authorized under this Permit and is later determined tocause or
have the reasonable potential to cause or contribute to the violation of anapplicable water quality standard, the Director will notify the Co-Permittee of suchviolation(s).TheCo-Permitteeshalltakeallnecessaryactionstoensurefuturedischarges
do not cause or contribute to the violation of a water quality standard anddocument these actions as required by the Director. If violations remain or re-occur,coverage under this Permit
may be terminated by the Director and an alternativegeneral Permit or individual Permit may be issued. Compliance with this requirementdoes notpreclude any enforcementactivity as provided
by the Utah Water QualityActforthe underlyingviolation.
Jordan River Watershed Wide Escherichia coli (E. coli) TMDL
Co-Permittees that discharge to waters listed on the Utah 303(d) list as impaired for E.coli for which storm water is a contributing source per the Jordan River Watershed Wide E.coli
TMDL must update their SWMP document within 180 days to include a written plan (TMDL Compliance Plan)addressing the pollutant reduction requirements of the TMDL as it relates to MS4s.
The Jordan River E.coli TMDL MS4 Guidance Document available on the division’s website will provide supplemental information to assist MS4s in compliance with the below Permit requirements.
The TMDL Compliance Plan will supplement and build-on the six (6) minimum control measures identified in Part 4.2 of this permit. The Permittee must develop, fund, and implement source
control BMPs that reduce the discharge of E. coli. The TMDL Compliance Plan must address the following:
Identify potential sources of E. coli in the MS4 and target specific audiences that may be contributing to the E. coli sources. Provide and document education and outreach given to the
target audiences on the impacts to water quality associated with these types of discharges and BMPs that can be implemented to reduce the discharge of E. coli.
The Co-Permittee can meet the requirements of permit part 3.2.2.1. through contribution to a collaborative program (e.g., storm water coalition) that evaluates, identifies, and targets
sources, as well as, provides outreach that addresses E. coli.
The Co-Permittee must maintain a written or mapped inventory of areas in the MS4 that are potential sources of E. coli (areas with septic, dense waterfowl areas, dog parks, etc.).
The Co-Permittee must create a plan to prioritize reduction activities to address the areas and sources identified in the inventory. The plan must include BMPs the permittee will implement
over the permit term (structural and non-structural).
The Co-Permittee must add the inventoried areas to the priority areas identified in permit part 4.2.3.3.1. and begin inspecting the additional priority areas annually at a minimum and
documenting the inspections on an inspection form.
The Co-Permittee must add the inventoried areas to the priority areas identified in permit part 4.2.6.6.2. for street sweeping and storm sewer system maintenance and begin maintaining
the areas at the same frequency. The Permittee’s road and parking lot sweeping and storm drain system maintenance SOPs should identify all priority areas (including E. coli sources)
and must include a schedule that includes priority area frequency.
The Co-Permittee must evaluate their written inventory of potential “high priority” permittee owned and/or operated facilities (Permit Part 4.2.6.1.) and identify sites that have potential
sources of E. coli. Permittees must add to their inventory any Permittee owned or operated dog parks, parks with open water, sites with septic, or properties that are known potential
sources of E. coli. Sites that have been identified as potential sources of E. coli must have BMPs (structural or nonstructural) that reduce the potential of the discharge of E. coli.
The Co-Permittee must evaluate the potential E. coli generating activities below to determine whether existing SOPs should target reduction of E. coli discharge or if additional SOPs
should be developed for the reduction of E. coli discharge from the MS4:
Roads, highways, and parking lots: Surface cleaning and controlling litter
Parks and open space: Lake and lagoon maintenance
Parks and open space: Mowing/Trimming/Planting
Storm water collection and conveyance system: Inspection and Cleaning of Stormwater Conveyance Structures, Controlling Illicit Connections and Discharges, Controlling Illegal Dumping
Material storage areas: Solid Waste Collection, Controlling Litter, Controlling Illegal Dumping
Storm water collection and conveyance system: Water line Maintenance, Sanitary Sewer Maintenance, Spill/Leak/Overflow Control, Response, and Containment.
The Co-Permittee must promote the use of Low Impact Development (LID) controls for which E. coli (listed a bacteria) has a medium or high pollutant removal effectiveness, as identified
in the Guide to Low Impact Development within Utah, Appendix C on the division’s website: https://documents.deq.utah.gov/water-quality/stormwater/updes/DWQ-2019-000161.pdf.
The Co-Permittee must add potential E. coli reduction as a criterion for ranking when evaluating the Permittees retrofit plan (Permit Part 4.2.6.9.).
The Co-Permittee must report annually on their TMDL compliance by submitting the TMDL Compliance Report section within the annual report form on the Division’s website. The first TMDL
Compliance Report within the annual report will be due to the Division by October 1, 2024.The reporting will include identification of problem areas for which source control BMPs were
developed, the cost, and the anticipated pollutant reduction. NitrogenandPhosphorusReduction
As part of the Co-Permittee's Storm Water Management Program (SWMP), all Co- Permittee’s must specifically address the reduction of water quality impacts associated with nitrogen and
phosphorus in discharges from the MS4.
The Co-Permittee can meet the requirements of this section through contribution to a collaborative program (e.g., storm water coalitions) to evaluate, identify, target, and provide outreach
that addresses sources within the Co-Permittee’s watershed.
The Co-Permittee must determine and target sources (e.g., residential, industrial, agricultural, or commercial) that are contributing to, or have the potential to contribute, nitrogen
and phosphorus to the waters receiving the discharge authorized under this Permit.
The Co-Permittee shall prioritize which targeted sources are likely to obtain a reduction in nitrogen and phosphorus discharges through education. The Co-Permittee must distribute educational
materials or equivalent outreach to the prioritized targeted sources. Educational materials or equivalent outreach must describe storm water quality impacts associated with nitrogen
and phosphorus in storm water runoff and illicit discharges, the behaviors of concern, and actions that the target source can take to reduce nitrogen and phosphorus. The Co-Permittee
may incorporate the education and outreach to meet this requirement into the education and outreach strategies provided in accordance with Permit Part 4.2.1.4.0StormWaterManagementProgram
Co-Permittees covered under the previous Jordan Valley Municipalities Permit for Storm WaterDischarges from Municipal Separate Storm Sewer Systems, i.e. Renewal Co-Permittees, areexpectedtohavefullyimplementedallofthefollowingsixminimumcontrolmeasuresasrequiredinthepreviouspermitterm.Co-PermitteesthatwerenewlydesignatedduringthepreviousPermitterm
have5yearsfrom thedateoftheirsubmittedNOI todevelop,fullyimplementandenforcetheirStormWaterManagementProgram(SWMP).ARenewalCo-Permittee must continue to implement its SWMP designed to
reduce the discharge of pollutantsfrom the MS4 as described in the application and submittals provided in accordance with theprevious Jordan Valley Municipalities Permit, while updating
its SWMP document pursuant tothis permit. This Permit does not extend the compliance deadlines set forth in the previous JordanValley Municipalities MS4 Permit unless specifically noted.
All requirements contained in thisrenewal permit are effectiveimmediatelyunlessan alternativetimeframe isindicated.RequirementsAllCo-Permitteesshalldevelop,implement,andenforceaSWMPdesignedtoreduce
the discharge of pollutants to the Maximum Extent Practicable from the MS4,protect water quality, and satisfy the appropriate water quality requirements of theUtahWaterQualityAct.TheSWMPmustincludethesixminimumcontrolmeasuresdescribed
in Part4.2 ofthis Permit.The SWMP shall be developed and implemented in accordance with the schedulescontained inPart4.0.ofthis Permit.EachCo-Permitteeshallhaveanongoingdocumentationprocessforgathering,maintaining,andusinginformationtoconductplanning,setpriorities,trackthedevelopment
and implementation of the SWMP, evaluate Permit compliance/non-compliance,andevaluatethe effectiveness of the SWMPimplementation.EachCo-Permitteeshalltrackthenumberofinspectionsperformed,officialenforcement
actions taken, and types of public education activities implemented asrequired for each SWMP component.This information shall be provided to theDirector upon request and used by the
Director to determine compliance with thisPermit.Each Co-Permittee shall secure the resources necessary to meet all requirements ofthis Permit.Each Co-Permittee shall conduct an annual
analysis of the capital andoperation and maintenance expenditures needed, allocated, and spent as well as thenecessarystaffresourcesneededandallocatedtomeettherequirementsofthisPermit,includinganydevelopment,implementation,andenforcementactivitiesrequired.Each
Co-Permittee must submit a summary of its fiscal analysis with eachannual report.The SWMPdocumentshall includeBMPs thatthe Co-Permitteeoranother entitywillimplementforeach ofthestormwaterminimumcontrolmeasures.The
measurable goals for each of the BMPs shall include, as appropriate, the monthsandyearsinwhichtheCo-Permitteewillundertakerequiredactions,includinginterimmilestonesandthefrequencyofthe
actions.TheSWMPdocumentshallindicatethepersonorpersonsresponsibleforimplementingor coordinatingtheBMPscontainedwithin theSWMPdocument.Within 180 days of the effective date of the Permit,
the Co-Permittee shallrevise theSWMP documentto clearly identify theroles and responsibilitiesofalloffices,departments, divisions, or sub-sections and if necessary other responsible
entities anditshallincludeanynecessaryagreements,contracts,ormemorandumofunderstanding(MOUs)betweensaidentitiesthataffecttheimplementationandoperation of the SWMP. Necessary agreements,
contracts, and MOUs shall deal withcoordination or clarification of the responsibilities associated with the detection andeliminationofimproperconnectionsorillicitdischargestotheMS4,BMPcoordinationorothercoordinatedprogramsorsensitiveissuesofunclearoroverlapping
responsibility. Such agreements, contracts, and MOUs shall be retainedbythe Co-Permittees as required bythe SWMPdocument.Failure to meet these requirements with a good faith effort and
within the timeframessetforth mayresultinanenforcementaction bythe Director.MinimumControlMeasures
Co-PermitteescoveredunderthepreviousJordanValleyMunicipalitiesUPDESPermitNo.UTS000001, i.e. Renewal Co-Permittees, are expected to have fully implemented Storm WaterManagement Programs
(SWMPs) that reflect the permit requirements of the previous permitcycle.A RenewalCo-Permitteeshall continuetoimplementitsSWMPasdescribedintheapplication and submittals provided in accordance
with the previous Jordan Valley MunicipalitiesMS4 Permit, while updating its SWMP document pursuant to this renewal Permit to achievepollutant reductions to the Maximum Extent Practicable
from the MS4, as specified in Part 4.1.This Permit does not extend the compliance deadlines set forth in the previous MS4 Permit or anycorrectiveaction plansandassociatedschedules unlessspecificallynoted.
To achieve pollutant reductions to the Maximum Extent Practicable, Co-Permittees shall includethefollowingsix minimumcontrolmeasuresinthe SWMP:PublicEducationandOutreachonStormWaterImpacts
TheCo-Permitteeshallimplementapubliceducationandoutreachprogramtopromote behavior change by the public to reduce water quality impacts associatedwith pollutants in storm water runoff
and illicit discharges.Outreach and educationalefforts shall include a multimedia approach and shall be targeted and presented tospecific audiences for increased effectiveness.The educational
program shall includedocumented education and outreach efforts for the following four audiences: (1)residents, (2) institutions, industrial and commercial facilities, (3) developers
andcontractors (construction), and (4) MS4 owned or operated facilities.The minimumperformance measures which should be based on the land uses and target audiencesfound withinthe communityinclude:Target
specific pollutants and pollutant sources determined by the Co-Permittee to beimpacting, orhave the potential to impact, the beneficialuses of receiving water.This includes providing
information which describe the potential impacts from stormwater discharges; methods for avoiding, minimizing, reducing and /or eliminating theadverse impacts of storm water discharges;
and the actions individuals can take toimprove water quality, including encouraging participation in local environmentalstewardship activities, based on the land uses and target audiences
found within thecommunity;Provide and document information given to the general public of the Co-Permittee’sprohibitions against and the water quality impacts associated with illicit
dischargesand improper disposal of waste.The Co-Permittee shall at a minimum consider thefollowing topics.These topics are not inclusive and the Co-Permittee shall focus onthose topics
most relevant to the community:maintenance of septic systems; effectsof outdoor activities such as lawn care (use of pesticides, herbicides, and fertilizers);benefits of onsite infiltration
of storm water; effects of automotive work and carwashingonwaterquality;properdisposalofswimmingpoolwater;andpropermanagement ofpetwaste.Provide and document information given to institutions,
industrial, and commercialfacilities on an annual basis of the Co-Permittee’s prohibition against and the waterqualityimpactsassociatedwithillicitdischargesandimproperdisposalofwaste.The
Co-Permittee shall at a minimum consider the following topics.These topics arenot inclusive and the Co-Permittee shall focus on those topics most relevant to thecommunity: proper lawn
maintenance (use of pesticides, herbicides and fertilizer);benefits of appropriate onsite infiltration of storm water; building and equipmentmaintenance(propermanagementofwastewater);useofsaltorotherdeicingmaterials
(cover/prevent runoff to storm system and contamination to ground water);proper storage and management of materials and dumpsters (cover and pollutionprevention);andpropermanagementofparkinglotsurfaces(sweeping).ThiseducationcanalsobeapartoftheIllicitDischargeDetectionandEliminationmeasuredetailed
in Part4.2.3.Provideanddocumentinformationgiventoengineers,constructioncontractors,developers,developmentreviewstaff,andlanduseplannersconcerningthedevelopment of storm water pollution
prevention plans (SWPPPs) and BMPs forreducing adverse impacts from storm water runoff from development sites.Thiseducation can also be a part of the Construction Site Storm Water Runoff
minimumcontrol measure detailedinPart4.2.4.ProvideanddocumentinformationandtraininggiventoMS4engineers,development and plan review staff, land use planners, and other parties as applicabletolearnaboutLowImpactDevelopment(LID)practices,greeninfrastructurepractices,
and to communicate the specific requirements for post-construction controlandtheassociatedBestManagement Practices(BMPs)chosenwithintheSWMP.An effective program shall show evidence of
focused messages and audiences as wellas demonstration that the defined goal of the program has been achieved.The Co-Permittee must define the specific messages for each audience.The
Co-Permitteemustidentifymethodsthatwillbeusedtoevaluatetheeffectivenessofthe
educational messages and the overall education program.Any methods used toevaluate the effectiveness of the program shall be tied to the defined goals of theprogramandthe overall objective
of changes inbehaviorandknowledge.TheCo-Permitteeshallincludewrittendocumentationorrationaleastowhyparticular BMPswerechosenfor itspubliceducationandoutreachprogram.PublicInvolvement/Participation
The Co-Permittee shall implement a program that complies with applicable State andLocal public notice requirements. The SWMP shall include ongoing opportunitiesfor public involvement
and participation, but at a minimum two (2) times annually. Permittees can meet this requirement through advisory panels, public hearings,watershedcommittees,stewardshipprograms,environmentalactivities,othervolunteer
opportunities, or other similar activities.The Co-Permittee should involvepotentiallyaffectedstakeholdergroups,whichincludebutisnotlimitedto,commercialandindustrialbusinesses,tradeassociations,environmentalgroups,homeowners
associations, and education organizations.The minimum performancemeasuresare:Co-Permittees shall adopt a program or policy directive to create opportunities for thepublictoprovideinputduringthedecisionmakingprocessesinvolvingthedevelopment,implementationandupdateoftheSWMPdocumentincludingdevelopment
andadoptionof allrequiredordinancesorregulatorymechanisms.Renewal Co-Permittees shall make the revised SWMP document available to thepublic for review and input within 180 days from
the effective date of this Permit.New Permittees shall make the SWMP document available to the public for reviewandinputwithin180daysofreceivingnotificationfromtheDirectoroftherequirementforPermitcoverage.A
current version of the SWMP document shall remain available for public reviewand input for the life of the Permit.The Co-Permittee shall post the latest version ofthe SWMP within 180
days from the effect date of the Permit on their website andshall clearly denote a specific contact person and phone number or email address toallowthepublictoreviewand provideinputforthelifeofthe
Permit.IllicitDischargeDetectionandElimination(IDDE)
AllCo-Permitteesshallreviseasnecessary,implementandenforceanIDDEprogram to systematically find and eliminate sources of non-storm water dischargesfrom the MS4 and to implement defined
procedures to prevent illicit connections anddischargesaccordingtotheminimumperformancemeasureslistedbelow.TheIDDEprogramshallbedescribedinwriting,incorporatedaspartoftheCo-Permittee’s
SWMP document, and contain the elements detailed in this part of thePermit.The minimumperformance measuresare:Maintain a current storm sewer system map of the MS4, showing the location
of allmunicipal storm sewer outfalls with the names and location of all State waters thatreceivedischargesfromthoseoutfalls,stormdrainpipeandotherstormwaterconveyancestructures within
theMS4.Effectively prohibit, through ordinance or other regulatory mechanism, non-stormwater discharges to the MS4, including spills, illicit connections, illegal dumping andsanitary
sewer overflows (“SSOs”) into the storm sewer system, require removal ofsuchdischargesconsistentwithPart4.2.3.6.ofthisPermit,andimplementappropriateenforcementproceduresandactions.TheCo-Permitteemustapplyescalatingenforcementproceduresasnecessaryfortheseverityofviolationand/orthe
recalcitrance of the violator. Exceptions are discharges pursuant to a separateUPDES Permit (other than the UPDES Permit for discharges from the MS4) and non-stormwaterdischarges listed
in Part1.2.2.2.The Co-Permittee’s IDDE program must have adequate legal authority to detect,investigate,eliminateandenforceagainstnon-stormwaterdischarges,includingillegal dumping, into
the MS4. Adequate legal authority consists of an effectiveordinance, by-law, or other regulatory mechanism.The documented IDDE programthat is included in the Co-Permittee’s SWMP shall
include a reference or citation oftheauthoritytheCo-PermitteewillusetoimplementallaspectsoftheIDDEprogram.Implement a written plan to detect and address non-storm water discharges to
theMS4,includingspills,illicitconnections,sanitaryseweroverflowsandillegaldumping.The plan shallinclude:Writtensystematicproceduresforlocatingandlistingthefollowingpriorityareas
likelytohaveillicitdischarges(ifapplicabletothejurisdiction):Areaswitholderinfrastructurethataremorelikelytohaveillicitconnections;Industrial,commercial,ormixeduseareas;Areaswithahistoryof
pastillicit discharges;Areaswithahistoryofillegal dumping;Areaswithonsitesewagedisposalsystems;Areaswitholdersewerlinesorwithahistoryofseweroverflowsorcross-connections;andAreasupstreamofsensitivewaterbodies;and,OtherareastheCo-Permitteedeterminestobelikelytohaveillicit
discharges
The Co-Permittee shall document the basis for its selection of each priority area andcreate a list of all priority areas identified in the system. This priority area listshall beupdatedannuallyto
reflectchangingpriorities.Field inspections of areas which are determined to be a priority area as identified inPermitPart4.2.3.3.1mustbeconductedannuallyataminimum.Priorityareainspectionactivitiesshallutilize
aninspectionformtodocument findings.Dry weather screening (seeDefinition 7.13) for thepurposeofverifying outfalllocations and detecting illicit discharges that discharge within the Co-Permittee’sjurisdiction
to a receiving water.All outfalls shall be inspected at least once duringthe 5-year Permit term. Dry weather screening activities shall utilize an inspectionformto documentfindings.
4.2.3.3.4. If the Co-Permittee discovers or suspects that a discharger may need a separateUPDES permit (e.g., Industrial Storm Water Permit, Dewatering Permit), the Co-Permitteeshallnotifythe
Director.Implement standard operating procedures (SOPs) or similar type of documents fortracingthesourceofanillicitdischarge;includingproceduressuchas:visualinspections, and when necessary,
opening manholes, using mobile cameras, usingfieldtestsofselectedchemicalparametersasindicatorsofdischargesources,collecting and analyzing water samples for the purpose of determining
sanctions orpenalties,and/orotherdetailedinspectionprocedures.ImplementSOPsorsimilartypeofdocumentsforcharacterizingthenatureof,andthe potential public or environmental threat posed
by, any illicit discharges found byorreportedtotheCo-Permitteebythehotlineorother telephonenumberdescribedin
4.2.3.9.These procedures shall include detailed instructions for evaluating how thedischarge shall be immediately contained and steps to be taken for containment of thedischarge.Compliancewiththisprovisionwillbeachievedbyinitiatinganinvestigationimmediatelyuponbeingalerted
ofa potentialillicitdischarge.When the source of a non-storm water discharge is identified and confirmed, the Co-Permittee shall record the following information in an inspection report:
the date theCo-Permitteebecameawareofthenon-storm waterdischarge,thedatetheCo-Permitteeinitiatedaninvestigationofthedischarge,thedatethedischargewasobserved, the location of the discharge,
a description of the discharge, the method ofdiscovery,dateofremoval,repair,orenforcementaction;date,andmethodofremovalverification.Analyticalmonitoringmaybenecessarytoaidintheidentification
of potential sources of an illicit discharge and to characterize the natureof the illicit discharge.The decision process for utilizing analytical monitoring shallbe fullydocumentedintheinspectionreport.ImplementSOPsorsimilartypeofdocumentsforceasingtheillicitdischarge,including
notification of appropriate authorities; notification of the property owner;technical assistance for removing the source of the discharge or otherwise eliminatingthe discharge; follow-up
inspections; and escalating enforcement and legal actions ifthedischarge is noteliminated.Upon detection of an illicit discharge,the Co-Permittee shall take actions to require immediate
cessation of illicit dischargespursuant to Part 4.2.3.2.1. of this Permit. Upon confirmation of responsibleparties, the Permittee shall take all necessary actions in accordance with
itsenforcement procedures pursuant to Part 4.2.3.6. of this Permit.AlthoughCo-Permitteesarerequiredtoprohibitillicitdischargeswithintheirboundaries and to take appropriate action to
detect and address any violations, thisPermit does notimposestrictliabilityon Co-Permittees.AllIDDEinvestigationsshallbethoroughlydocumentedandmayberequestedatanytimebytheDirector.IfaCo-Permitteeisunabletomeettheminimumperformance
measures outlined in Parts 4.2.3.5. or 4.2.3.6., the Co-Permittee mustimmediately submit to the Director written documentation or rationale describing thecircumstances why compliance
with the minimum performance measures was notpossible.All IDDE documentation shall be retained by the Co-Permittee as requiredbythe SWMPdocument.Co-Permittees shall inform public employees,
businesses, and the general public ofhazardsassociatedwith illicitdischargesandimproperdisposalof waste.Co-Permitteesshallpromoteorprovideservicesforthecollectionofhouseholdhazardouswaste.Co-Permittees
shall publicly list and publicize a hotline or other local telephonenumber for public reporting of spills and other illicit discharges.A written recordmust be kept of all calls received,
all follow-up actions taken, and any feedbackreceived frompubliceducationefforts.TheCo-Permitteeshalldevelopawrittenspill/dumpingresponseSOPsorsimilartype of document and a flow chart
for internal use, that shows the procedures forresponding to public referrals of illicit discharges, the various responsible agenciesand their contacts, and who would be involved in
illicit discharge incidence response,even if it is a different entity other than the Co-Permittee. The procedure and listshall be incorporated as part of the IDDE program and incorporated
into the Co-Permittee’s SWMP document.The list must be maintained and updated as changesoccur.Co-Permittees shall adopt and implement procedures for program evaluation andassessmentwhichincludesmaintainingadatabaseformapping,trackingofthenumberandtypeof
spillsorillicit dischargesidentified; andinspectionsconducted.Co-Permittees shall at a minimum, require that all staff, contracted staff, or otherresponsible entities, that as part of
their normal job responsibilities might come intocontact with or otherwise observe an illicit discharge or illicit connection to the MS4including office personnel who mightreceive initialreports
of illicit discharges,receives annual training in the IDDE programincluding identification, investigation,termination, cleanup, and reporting of illicit discharges including spills,
improperdisposal, and illicit connections.Co-Permittees shall require all new hires are trainedwithin60daysofhiredateandannuallythereafter,ataminimum.Follow-uptraining shall be provided
as needed to address changes in procedures, methods forstaffing.Trainingshallincludehowtoidentifyaspill,animproperdisposal,oran
illicit connection to the MS4 and proper procedures for reporting the illicit discharge.Trainingrecordsmustbekeptandshallincludedates,activitiesorcoursedescriptions, and names and positions
of staff in attendance.The Permittee shallincludea summaryofsuchtrainingin the annualreport.TheDirectorreservestherighttorequestdocumentationorfurtherstudyofaparticular non-storm water
discharge of concern, to require a reasonable basis forallowing the non-storm water discharge and excluding the discharge from the Co-Permittee’s program, and to require inclusion of
the discharge in the Co-Permittee’sprogram,if waterqualityconcernscannototherwisebereasonablysatisfied.ConstructionSiteStormWaterRunoffControl
All Co-Permittees shall revise as necessary, implement and enforce a program toreduce pollutants in any storm water runoff to the MS4 from construction sites with alanddisturbanceofgreaterthanorequaltooneacre,includingprojectsthatarepartof
a larger common plan of development or sale which collectively disturbs landgreater than or equal to one acre according to the minimum performance measureslisted below. Public and private
projects, including projects proposed by the Co-Permittee’sowndepartmentsandagencies,shallcomplywiththeserequirements.
Theminimumperformancemeasures are:Revise as necessary and enforce an ordinance or other regulatory mechanism thatrequires the use of erosion and sediment control practices at construction
sites.Theordinanceorotherregulatorymechanismshallensurecompliancewithallrequirements set forth in the most current UPDES Storm Water General Permits forConstructionActivities, which
can befound atconstruction.stormwater.utah.gov. Theordinanceorotherregulatorymechanismshallincludesanctionstoensurecompliance.Theordinanceorotherregulatorymechanismshallapply,ataminimum,
to construction projects disturbing greater than or equal to one acre and toconstruction projects that are part of a larger common plan of development or salewhich collectively disturbs
land greater than or equal to one acre.The ordinance or other regulatory mechanism shall require construction operators toprepare a Storm Water Pollution Prevention Plan (SWPPP) and
apply sediment anderosion control BMPs as necessary to protect water quality, reduce the discharge ofpollutants, and control waste such as, but not limited to, discarded building materials,concrete
truck washout, chemicals, litter and sanitary waste at the construction sitethat may cause adverse impacts to water quality.The SWPPP requirements shallensure compliance with all requirements
set forth in the most current UPDES StormWater GeneralPermitsforConstruction Activities.The ordinance or other regulatory mechanism shall include a provision for access byqualified personnel
to inspect construction sites as well as storm water BMPs onprivatepropertiesthatdischarge totheMS4.Co-Permittees shall require construction sites with a land disturbance of greater
thanor equal to one acre, including projects that are part of a larger common plan ofdevelopmentorsalewhichcollectivelydisturbslandgreaterthanorequaltooneacre, obtain coverage under
the current UPDES Storm Water General Permits forConstruction Activities.Coverage can be obtained by completing an NOI as well asrenewedonlineat:https://deq.utah.gov/water-quality/updes-ereporting#constructionDevelop
a written enforcement strategy to ensure the ordinance or other regulatorymechanismis followed which shallinclude:Specific processes and sanctions to minimize the occurrence of violations,
obtaincompliance from violators which shall include appropriate, escalating enforcementprocedures and actions including an appeals process that is published in a publiclyaccessiblelocation.Mustdocumentandtrackall
enforcementactions.Development and implementation of a checklist for pre-construction SWPPP reviewthat is consistent with the requirements of the current UPDES Storm Water GeneralPermitsforConstructionActivitiesandkeeprecordsfor,ataminimum,allconstruction
sites that disturb greater than or equal to one acre, including projects thatare part of a larger common plan of development or sale which collectively disturbsland greater than or equal
to one acre, to ensure plans are complete and in compliancewith State regulations.Co-Permittees shall keep records of these projects for fiveyears or until construction is completed,
whichever is longer.Prior to construction,theCo-Permitteeshall:Conduct a pre-construction meeting which includes a review of the site design, theplanned operations at the construction
site, planned BMPs during the constructionphase, the planned BMPs to be used to manage runoff created after development, aswellas the Co-Permittee’senforcement policy.The Permittee must
develop procedures for receiving and considering information and comments submitted by the public on proposed projectsIdentifypriorityconstructionsitesconsideringthefollowingfactorsataminimum:Soilerosionpotential;Siteslope;Projectsizeandtype;Sensitivityof
receivingwaterbodies(impairedor highqualitywaters);Proximitytoreceivingwater bodies; and,Non-stormwaterdischargesandpastrecordofnon-compliancebytheoperatorsof the construction site.All
Co-Permittees shall develop and implement SOPs or similar type of documentsforconstructionsiteinspectionandenforcementofconstructionstormwaterpollution control measures. The procedures
shall clearly define who is responsible forsite inspections as well as who has authority to implement enforcement procedures.An individual or entity who prepares a SWPPP for a construction
project may notperform the construction site inspections required of Part 4.2.4.4.1 and 4.2.4.4.3 onbehalf of the Co-Permittee. The Co-Permittee shall have the authority to the extentauthorized
by law to impose sanctions to ensure compliance with the local program.TheseproceduresandregulatoryauthoritiesshallbewrittenanddocumentedintheSWMP.Theconstruction sitestorm waterrunoffcontrol
inspection program shallprovide:Inspectionsofallnewconstructionsiteswithalanddisturbanceofgreaterthanorequaltooneacre,includingprojects thatarepartofalargercommonplanofdevelopmentorsalewhich
collectively disturbslandgreater thanorequaltooneacreatleastmonthlybyqualifiedpersonnelusingtheConstructionStormWaterInspectionForm(Checklist)foundontheDivision’swebsiteat:https://deq.utah.gov/water-quality/municipal-separate-storm-sewer-system-ms4s-permits-updes-permits
A “qualified person” is a person knowledgeable in the principles and practice oferosion and sediment controls and pollutant prevention, who possesses the skills toassessconditionsateffectivenessofanystormwatercontrolsselectedandinstalledtomeet
the requirementsofthispermit, suchas but notlimitedtothefollowing:UtahRegisteredStormWaterInspector(RSI)CertifiedProfessionalinErosionandSedimentControl (CPESC)CertifiedProfessionalinStormWaterQuality(CPSWQ)CertifiedErosion,Sediment,andStormWaterInspector
(CESSWI)CertifiedInspectorofSedimentandErosionControl(CISEC)NationalInstituteforCertificationinEngineeringTechnologies,ErosionandSediment Control, Level3(NICET)Certified Stormwater Inspector
Construction (CSI-Construction)Qualified Compliance Inspector of Stormwater (QCIS)EPANPDES Construction General PermitInspector TrainingThe Co-Permittee shall inspect all phases of construction:
prior to land disturbance,during active construction, and following active construction. The Co-Permittee shallincludeinitsSWMPdocumentaprocedureforbeingnotifiedbyconstructionoperators/ownersoftheircompletionofactiveconstructionsothatverificationoffinal
stabilization and removal of all temporary control measures may be conducted.This procedure must be provided to the construction operator/owner before activeconstructionbegins.Inspections
by the MS4 of priority construction sites shall be conducted at least everytwo weeks using the Construction Storm Water Inspection Form (Checklist) found ontheDivision’swebsiteat:https://deq.utah.gov/water-quality/municipal-separate-storm-sewer-system-ms4s-permits-updes-permits
The Co-Permittee must utilize an electronic site inspection tool to conduct MS4 oversight inspections at construction sites. The tool must meet the requirements of Part 4.2.4. If information
is not provided by the operator to complete in order to comply with Part 4.2.4.via electronic inspection tool, the Permittee may complete an on-site inspection.Based on site inspection
findings, the Co-Permittee shall take all necessary follow-upactions (i.e., re-inspection, enforcement) to ensure compliance in accordance with theCo-Permittee’s enforcement strategy.These
follow-up and enforcement actions shallbetracked and documented.The Co-Permittee shall ensure that all staff whose primary job duties are related toimplementingtheconstructionstormwaterprogram,includingpermitting,SWPPPreview,constructionsiteinspections,andenforcement,areannuallytrainedtoconduct
these activities.The training can be conducted by the MS4 or outsidetraining can be attended.Such training must extend to third-party inspectors and planreviewers as well. The Co-Permittee
shall ensure that all new hires are trained within60 days of hire and annually thereafter, at a minimum. Follow-up training shall beprovidedasneededtoaddresschangesinprocedures,methodsorstaffing.Thetraining
records to be kept-include dates, activities or course descriptions, and namesandpositions ofstaffinattendance.Co-Permitteesshallimplementaproceduretomaintainrecordsofallprojectsdisturbing
greater than or equal to one acre, including projects that are part of a largercommon plan of development or sale which collectively disturbs land greater than orequal to one acre. Co-Permittees
shall keep records which include but are not limitedto, site plan reviews, SWPPPs, inspections and enforcement actions including verbalwarnings,stopworkorders,warningletters,noticesofviolation,andotherenforcement
records. Co-Permittees must keep records of these projects for five yearsor untilconstruction iscompleted, whicheverislonger.Long-Term Storm Water Management in New Development and Redevelopment(Post-ConstructionStormWater
Management)
All Co-Permittees shall revise as necessary, implement and enforce a program toaddress post-construction storm water runoff to the MS4 from private and public newdevelopment and redevelopment
construction sites meeting the thresholds below. Thewater quality considerations of this minimum control measure do not replace orsubstitute for water quantity or flood management requirements
implemented on thelocal level for new development or redevelopment sites.The water quality controlsmay be incorporated into the design of structures intended for flow control; or waterquality
control may be achieved with separate control measures.The program mustapplyto private andpublicdevelopmentsites.
Theminimumperformancemeasures are:Post-constructionControls.TheCo-Permittee’snewdevelopment/redevelopmentprogram must have requirements or standards to ensure that any storm water controlsor
management practices for new development and redevelopment will prevent orminimize impacts to water quality. BMPs must be selected that address pollutantsknownto be discharged oranticipated
to be dischargedfromthesite.The Co-Permittee’s new development/redevelopment program should include non-structural BMPs such as requirements and standards to minimize development inareas
susceptible to erosion and sediment loss; to minimize the disturbance of nativesoilsandvegetation;topreserveareasthatprovideimportantwaterqualitybenefits;toimplementmeasuresforfloodcontrol;andtoprotecttheintegrityofnaturalresourcesand
sensitive areas.RetentionRequirement.EachCo-Permitteemustdevelopanddefineaspecifichydrologicmethodormethodsforcalculating runoffvolumesandflow rates toensure consistent sizing of structural
BMPs in their jurisdiction and to facilitate planreview.
By July 1, 2020, new development projects that disturb land greater than or equal toone acre, including projects that are part of a larger common plan of development orsale which collectively
disturbs land greater than or equal to one acre must managerainfall on-site, and prevent the off-site discharge of the precipitation from all rainfallevents less than or equal to the
80th percentile rainfall event or a predevelopmenthydrologic condition, whichever is less. This objective must be accomplished by theuseofpracticesthataredesigned,constructed,andmaintainedtoinfiltrate,evapotranspireand/orharvestandreuserainwater.The80thpercentilerainfalleventis
the event whose precipitation total is greaterthan orequal to 80 percentof allstormeventsovera given period ofrecord.
By July1,2020,redevelopmentprojectsthatdisturb greater thanorequal to oneacre, including projects less than an acre that are part of a larger common plan ofdevelopment or sale which
collectively disturbs land greater than or equal to one acremust provide a site-specific and project-specific plan aimed at net gain to onsiteretentionorareductiontoimpervioussurfacetoprovidesimilarwaterqualitybenefits.
If a redevelopment project increases the impervious surface by greater than10%,theprojectshallmanagerainfallon-site,andpreventtheoff-sitedischargeofthenetincrease inthevolumeassociatedwiththe
precipitationfrom allrainfallevents less than or equal to the 80th percentile rainfall event. This objective must beaccomplishedbytheuseofpracticesthataredesigned,constructed,andmaintainedtoinfiltrate,evapotranspireand/or
harvestandreuse rainwater.Low Impact Development Approach. By July 1, 2020, the program shall include aprocess which requires the evaluation of a Low Impact Development (LID) approachfor
all projects subject to the requirements in 4.2.5.1.2. A LID approach promotes theimplementationofBMPsthatallowstormwatertoinfiltrate,evapotranspireorharvest and use storm water on site
to reduce runoff from the site and protect waterquality.
Guidance for implementing LID can be found in DWQ’s LID controls which areappropriate for use in the State of Utah can be found in A Guide to Low ImpactDevelopment within Utah(the Guide),availableon
DWQ’swebsite.
Co-Permittees must allow for use of a minimum of five LID practices from the list inAppendix C of the Guide. If a Co-Permittee has not adopted specific LID practicesfrom Appendix C,
any LID approach that meets 4.2.5.1.2 and is feasible may be usedtomeetthisrequirement.Since 2010, rainwater harvesting is legal in the State of Utah. Depending on thevolume of rainwater
collected and stored for beneficial use, the Co-Permittee mustmeet the requirements of the Utah Division of Water Rights to harvest rainwaterfoundontheir website:http://waterrights.utah.gov/forms/rainwater.asp.Feasibility.
If meeting the retention standards described in Part 4.2.5.1.2 is infeasible,a rationale shall be provided for the use of alternative design criteria. The new orredevelopmentprojectmustdocumentandquantifythatinfiltration,evapotranspiration,
and rainwater harvesting have been used to the maximum extentfeasible and that full employment of these controls are infeasible due to constraints.LIDinfeasibilitymaybe due toone
ormoreofthe followingconditions:high
groundwater,drinkingwatersourceprotectionareas,soilconditions,slopes,accessibility,excessive costs, orothers.GuidanceforassessinganddocumentingsiteconditionscanbefoundinDWQ’s“AGuidetoLowImpactDevelopmentwithinUtah”AppendixB“StormWaterQualityReportTemplate”locatedontheDWQwebsiteat:https://documents.deq.utah.gov/water-quality/stormwater/updes/DWQ-2019-000161.pdf.AMSWordversioncanbefoundonDWQ’swebsiteat:https://documents.deq.utah.gov/water-quality/stormwater/DWQ-2018-013750.docx.RegulatoryMechanism.Developandadoptanordinanceorotherregulatorymechanism
that requires long-term post-construction storm water controls at newdevelopment and redevelopment sites.The ordinance or other regulatory mechanismshallapply,ataminimum,tonewdevelopmentandredevelopmentsitesthatdischarge
to the MS4 and that disturb greater than or equal to one acre, includingprojects less than one acre that are part of a larger common plan of development orsale which collectively disturbs
land greater than or equal to one acre. The ordinanceorotherregulatorymechanismmustrequireBMPselection,design,installation,operationandmaintenancestandardsnecessarytoprotectwaterqualityandreducethedischargeofpollutantstotheMS4.TheCo-Permitteeshallimplementanenforcement
strategy and implement the enforcement provisions of the ordinance orotherregulatorymechanism.TheCo-Permittee’sordinanceorotherregulatorymechanismmustinclude anappeals process.The Co-Permittee
must include enforcement provisions in the ordinance or otherregulatorymechanism,includingproceduresthatincludespecificprocessesandsanctions to minimize the occurrence of, and obtain
compliance from, chronic andrecalcitrantviolatorswhichmustincludeappropriate,escalatingenforcementproceduresand actions.The Co-Permitteemustmaintaindocumentation on how the requirements
of theordinance or other regulatory mechanism will protect water quality and reduce thedischargeofpollutantsto the MS4.Documentation must include:Howlong-termstormwaterBMPs were selected;Thepollutant
removal expectedfromtheselectedBMPs; andThetechnicalbasiswhichsupportstheperformanceclaimsfortheselectedBMPs.
All Co-Permittees shall adopt and implement SOPs or similar type of documents forsite inspection and enforcement of post-construction storm water control measures.These procedures shall
be designed to achieve adequate ongoing long-term operationandmaintenance ofapproved stormwatercontrolmeasures.Theordinanceorotherregulatorymechanismshallincludeprovisionsforpost-construction
access for Co-Permittees to inspect storm water control measures onprivate properties that discharge to the MS4 to ensure that adequate maintenance isbeing performed.The ordinance or
other regulatory mechanism may, in lieu ofrequiring that the Co-Permittee’s staff inspect and maintain storm water controls onprivateproperty,requireprivateproperty owner/operatorsorqualifiedthirdpartiesto
conduct maintenance and provide annual certification that adequate maintenance hasbeen performed and the structural controls are operating as designed to protect waterquality.IftheCo-Permitteerequiresamaintenanceagreementaddressingmaintenance
requirements for any control measures installed on site the agreementshall allow the Co-Permittee to conduct oversight inspections of the storm watercontrolmeasuresand also accountfortransferofresponsibility
in leasesand/ordeeds.TheagreementmustalsoallowtheCo-Permitteetoperformnecessarymaintenance or corrective actions neglected by the property owner/operator, and billor recoupcostsfromthe
propertyowner/operatoras needed.Permanent structural BMPs shall be inspected at least once during installation byqualified personnel. Prior to closing out a construction permit, the
Co-Permittee shallverifythatlong-termBMPs were constructedasdesigned.Inspections and any necessary maintenance must be conducted at least every otheryearorasnecessarytomaintainfunctionalityofthecontrolbyeithertheCo-Permittee
or, if applicable, the property owner/operator.On sites where the propertyowner/operatorisconductingmaintenance,theCo-Permitteemustinspectthosestorm water control measures at least once
every five years, or more frequently asdetermined by the Co-Permittee to verify and ensure that adequate maintenance isbeing performed.Following an inspection, if there is an observed
failure of a facilityto perform as designed, the Co-Permittee must document its findings in an inspectionreport whichincludes the following:Inspectiondate;Nameandsignatureofinspector;ProjectlocationCurrentownershipinformationA
description of the condition of the storm water control measure including thequality of: vegetation and soils; inlet and outlet channels and structures; catchbasins; spillways; weirs,
and other control structures; and sediment and debrisaccumulationin storage aswellas in andaroundinletand outletstructures;
Specific maintenance issues or violations found that need to be corrected by thepropertyowneroroperatoralongwithdeadlinesandre-inspection dates.PlanReview.Co-Permitteesshall:Adoptandimplementproceduresforsiteplanreviewwhichincorporateconsideration
of water quality impacts. The procedures shall apply through the lifeof the projectfromconceptualdesignto projectcloseout.Reviewpost-constructionplansfor,ataminimum,allnewdevelopmentandredevelopment
sites that disturb greater than or equal to one acre, including projectsless than one acre that are part of a larger common plan of development or sale whichcollectively disturbs land
greater than or equal to one acre, to ensure that the plansinclude long-term storm water management measures that meet the requirements ofthisminimumcontrolmeasure.Inventory.The Co-Permitteeshallmaintain
an inventory of allpost-constructionstructuralstormwatercontrolmeasuresinstalledandimplementedatnew
development and redevelopment sites that disturb greater than or equal to one acre,includingprojectslessthanoneacrethatarepartofalargercommonplanofdevelopmentorsalewhichcollectivelydisturbslandgreaterthanorequaltooneacre.This
inventory must include both public sites and private sector sites that weredeveloped since the Co-Permittee obtained coverage by this permit or the date thatpost-construction requirements
came into effect, whichever is later; and are locatedwithinthe Co-Permittee’s service area.Each entry to the inventory must include basic information on each project, such asproject’sname,
owner’snameand contactinformation, location, start/end date, etc.Inaddition,inventoryentries shall include thefollowingfor each project:Shortdescriptionofeachstormwatercontrolmeasure(type,number,designorperformancespecifications);Shortdescriptionofmaintenancerequirements(frequencyofrequiredmaintenanceand
inspections);andInspectioninformation(date,findings,followupactivities,prioritizationoffollow-upactivities, compliancestatus).Based on inspections conducted pursuant to Part 4.2.5.2.5,
the Co-Permittee mustupdatetheinventoryasappropriatewherechangesoccurinpropertyownershiporthespecific controlmeasures implementedatthesite.Training. Co-Permittees shall ensure that all
staff involved in post-construction stormwater management including those that conduct plan review, annual maintenanceinspections,andenforcement,receiveappropriatetraining.Trainingshallbeprovided
or made available for staff in the fundamentals of long-term storm watermanagement through the use of structural and non-structural control methods. TheCo-Permittees must ensure that
all new hires are trained within 60 days of hire andannually thereafter, at a minimum. Follow-up training shall be provided as needed toaddresschangesin procedures, methods orstaffing.PollutionPreventionandGoodHousekeepingforMunicipal
Operations
All Co-Permittees mustimplement a program for Co-Permittee-owned or operatedfacilities, operations and structural storm water controls that includes SOPs, pollutionpreventionBMPs,stormwaterpollutionpreventionplansorsimilartypeofdocuments
and a training component that have the ultimate goal of preventing orreducing the runoff of pollutants to the MS4 and waters of the state. All componentsof the program shall be included
in the SWMP document and must identify thedepartment responsible for performing each activity described in this section. TheCo-Permittee shall develop an inventory of all such Co-Permittee-owned
or operatedfacilities.TheCo-Permitteemustreviewthisinventory annually andupdate asnecessary.As a minimum requirement, the Co-Permittees shall develop and keep current awritten inventory
ofall the following potential “high priority” facilities that areowned or operated by the Co-Permittee and all the storm water controls that mayinclude butis notlimitedto:CompostingfacilitiesEquipmentstorageandmaintenancefacilitiesFuelfarmsHazardouswastedisposalfacilitiesHazardouswastehandlingandtransfer
facilitiesIncineratorsLandfillsLandscapemaintenancefacilitiesonmunicipalpropertyMaterialsstorageyardsPesticidestoragefacilitiesPublicbuildings, including libraries, policestations, firestations,
municipalbuildings,and similar Co-Permittee-owned or operatedbuildingsPublic parkinglotsPublicgolfcoursemaintenancefacilitiesPublicswimmingpool maintenancefacilitiesPublicworksyardsRecyclingfacilitiesSaltstoragefacilitiesSolidwastehandlingandtransferfacilitiesStreetrepairandmaintenancefacilitiesandorshedsitesVehiclestorageandmaintenanceyardsCo-Permittee-ownedand/ormaintainedstructuralstormwatercontrolsAllCo-PermitteesshallassessthewritteninventoryofCo-Permittee-ownedoroperated
facilities, operations and storm water controls identified in Part 4.2.6.1. andmake a list of common pollutants that may originate from these facilities and how toprevent them from entering
the storm water system. A description of the assessmentprocessand findings shallbe included inthe SWMPdocument.Based on the assessment required in Part 4.2.6.2., the Co-Permittee shall
identify as“high-priority”those facilities oroperationsthathave:pollutantsstoredat thesite,theidentification ofimproperlystoredmaterials,potentialpollutant-generatingactivitiesperformedoutside(e.g.changingautomotivefluids)close
proximity upstream to fresh water and water bodies, including but not limitedtostreams, canals, rivers,ponds and lakes,potentialdischargeofpollutant(s)ofconcerntoimpairedwater(s).
The Co-Permittee shall provide water quality control measures and BMPs at all high-priority sites designed to target the specific pollutants generated onsite, and/or thepollutants associated
with the impaired waters.The Co-Permittee shall monitor thecontrolmeasuresandBMPsregularlytoverifythattheBMPsarefunctioning.Control measures, BMPs, and monitoring schedules shall be
specified in the Co-Permittee’sSWMP.The Co-Permittee shall update the SWMP to include a list of “high priority” facilitiesaccording to 4.2.6.3 and prepare a Storm Water Pollution Prevention
Plan (SWPPP)for each facility within 180 days from the effective date of this permit. Each “highpriority” facility shall implement a SWPPP outlining measure to prevent pollutants toenter
the storm drain system from each of these facilities. The SWPPP shall include asite mapshowingthefollowinginformation:PropertyboundariesBuildingsandimpervioussurfaces;Directionsof stormwater
flow(usearrows);Locationsofstructural controlmeasures;Locationandnameofthenearestdefineddrainage(s)whichcouldreceiverunofffromthefacility, whether itcontainswater ornot;Locationsofallstormwaterconveyancesincludingditches,pipes,basins,inlets,andswales;Locationswherethefollowingactivitiesareexposedtostormwater:Fixedfuelingoperations;Vehicleandequipmentmaintenanceand/orcleaningareas;Brinemakingareas;Loading/unloadingareas;Materialsorwastestorageor
disposalareas;Liquidstoragetanks;Processandequipmentoperatingareas;Locationswheresignificantspillsorleakshaveoccurred;Locationsofallvisualstormwatermonitoringpoints;Locations of storm
water inlets and outfalls, with a unique identificationcode for each outfall and an approximate outline of the areas draining toeachoutfallLocationsofall non-stormwaterdischarges;Locationsofsourcesofrun-on
to yoursitefromadjacentproperty.The following inspections shall be conducted at “high priority” Co-Permittee-ownedor operatedfacilities:Monthlyvisualinspections:TheCo-Permitteemustperformmonthlyvisualinspections
of “high priority” facilities and related storm water outfalls in accordancewiththedevelopedSOPstoverifytheperformanceoftheBMPsandallothersystems designed and placed to eliminate any
pollutant discharge.Themonthlyinspections shall be tracked in a log for every facility and records kept with theSWMP document.The inspection log should also include any identified deficienciesandthe
corrective actions taken tofixthe deficiencies.Semi-Annual comprehensive inspections: At least twice per year, a comprehensiveinspection of “high priority” facilities, including all
storm water controls, must beperformed, with specific attention paid to waste storage areas, dumpsters, vehicle andequipment maintenance/fueling areas, material handling areas, and similar
pollutant-generatingareas.Thesemi-annualinspectionresultsshallbedocumentedandrecords kept with the SWMP document.This inspection shall be done in accordancewith the developed SOPs.An
inspection report shall also include any identifieddeficienciesandthe correctiveactionstakento remedythe deficiencies.Annual visual observation of storm water discharges: At least once
per year, the Co-Permittee shall visually observe the quality of the storm water discharges from the“high priority” facilities during the first half hour of a measurable storm (unlessclimate
conditions preclude doing so, in which case the Co-Permittee shall attempt toevaluate the discharges once during the wet season).Any observed problems (e.g.,color, foam, sheen, turbidity)
that can be associated with pollutant sources or controlsshall be remedied to prevent discharge to the storm drain system. Visual observationsshall be documented and records kept with
the SWMP document.This inspectionmust be done in accordance with the developed SOPs.The inspection report mustalso include any identified deficiencies and the corrective actions taken
to remedy thedeficiencies.Co-Permittees shall develop and implement SOPs to protect water quality at each ofthe facilities owned or operated by the Co-Permittee and/or activities conducted
bytheCo-Permitteeincludingbutnotlimitedtothoselisted below:Buildingsandfacilities;Materialstorageareas,heavyequipmentstorageareasandmaintenanceareas;Parksandopenspace;VehicleandEquipment;Roads,highways,
andparkinglots;andStormwatercollectionandconveyancesystem.SOPsshalladdressthefollowingpracticestoensuretheyareprotectiveofwaterquality:Use,storageanddisposalofchemicals;Storageofsalt,sand,gravel,landscapingmaterials,asphaltandothermaterials;Wasteandtrashmanagement;Cleaning,washing,paintingandothermaintenanceactivitiesincludingcleaningof
maintenance equipment,buildingexteriors,trash containers;Sweepingroadsand parkinglots;Properapplication,storage,anddisposaloffertilizer,pesticides,andherbicidesincludingminimization
ofuse;Lawnmaintenanceandlandscapingactivitiesincludingproperdisposaloflawnclippingand vegetation;Properdisposalofpetwastes;Vehiclemaintenanceandrepairactivitiesincludinguseofdrippansandabsorbentsunderoraroundleakyvehiclesand
equipment;Vehicle/equipmentstorageincludingstoringindoorswherefeasible;Vehiclefuelingincludingplacingfuelingareasundercoverinordertominimizeexposurewherefeasible;Roadandparkinglotmaintenance,includingpotholerepair,pavementmarking,sealingandrepaving;Coldweatheroperations,includingplowing,sanding,andapplicationofdeicingcompoundsand
maintenance ofsnowdisposalareas;Right-of-waymaintenance,includingmowing,herbicideandpesticideapplication;Municipally-sponsoredeventssuchaslargeoutdoorfestivals,paradesorstreetfairs;Regularinspection,cleaning,andrepairofstormwaterconveyanceandstructural
stormwatercontrols;andAnyactivitiesoroperationsnotlistedabovethatwouldreasonablybeexpectedtodischarge contaminated runoff.SOPs must include a schedule for Co-Permittee owned road and
parking lot sweepingandstormdrainsystemmaintenanceincludingregularinspection,cleaning,andrepair of catch basins, storm water conveyance pipes, ditches and irrigation canals,culverts,
structural storm water controls, and structural runoff treatment and/or flowcontrol facilities.Co-Permittees must prioritize sweeping and storm sewer systemmaintenance,withthehighestpriorityareasbeingmaintainedatthegreatestfrequency.
Priorities should be driven by water quality concerns, the condition of thereceiving water, the amountand type ofmaterialthattypically accumulates in anarea,orotherlocation-specificfactors.Co-Permittees
must ensure and document proper disposal methods of all waste andwastewater removed during cleaning and maintenance of the storm water conveyancesystem.These disposal methods apply to,
but are not limited to, street sweeping andcatch basin cleaning.Materials removed from the MS4 should be dewatered in acontained area and discharged to the local sanitary sewer (with
approval of localauthorities) where feasible.The solid material will need to be stored and disposed ofproperly to avoid discharge during a storm event.Any other treatment and disposalmeasures
shall be reviewed and approved by the Director. Some materials removedfrom storm drains and open channels may require special handling and disposal, andmay notbe authorized to be disposed
of in a landfill. The solid materialshall bestoredand disposed ofinaccordancetofederal,state and locallaws.Co-Permittees must ensure that vehicle, equipment and other wash waters are
notdischarged to the MS4 or waters of the state.This Permit strictly prohibits suchdischarges. The Co-Permittee must minimize discharges to waters of the state thatareassociatedwith
snowdisposalandmelt.The Co-Permittee shall develop a spill prevention plan in coordination with the localfiredepartment.AllCo-PermitteesmustmaintainaninventoryofallfloordrainsinsideallCo-Permittee-owned
or operated buildings.The inventory shall be kept current. The Co-Permitteeshall ensurethatallfloor drainsdischargetoappropriate locations.The Co-Permittee shall be responsible for ensuring,
through contractually-requireddocumentation and/or periodic site visits that contractors performing O&M activitiesfor the Co-Permittee are using appropriate storm water controls and
following thestandard operating procedures, storm water control measures, and good housekeepingpracticesofthe Co-Permittee.The Co-Permittee must develop and implement a process to assess
the water qualityimpactsinthedesignofallnewfloodmanagementstructuralcontrolsthatareassociated with the Co-Permittee or that discharge to the MS4.This process shallinclude consideration
of controls that can be used to minimize the impacts to sitewater quality and hydrology while still meeting project objectives.A description ofthisprocessshallbeincludedintheSWMPdocument.4.2.6.8.1Existingfloodmanagement
structural controls shall be assessed to determine whether changes oradditions should be made to improve water quality.A description of this process anddeterminationsshould beincluded
inthe SWMPdocument.The Co-Permittee must develop a plan to retrofit existing developed sites that the Co-Permittee owns or operates that are adversely impacting water quality.The retrofitplanmustbedevelopedtoemphasizecontrolsthatinfiltrate,evapotranspireorharvest
and use storm water discharges.The plan shall include a ranking of retrofitsitesbasedon the followingcriteria:Proximityto waterbodyStatusofwaterbodytoimproveimpairedwaterbodiesandprotectunimpairedwaterbodiesHydrologiccondition
ofthereceivingwaterbodyProximityto sensitiveecosystemor protected areaAnyupcomingsitesthatcouldbefurtherenhancedbyretrofittingstormwatercontrolsCo-Permittees shall require that all employees,
contracted staff, and other responsibleentities that have primary operation, or maintenance job functions that are likely toimpactstorm water quality receive annual training thatshalladdress
the importanceofprotectingwaterquality,therequirementsofthisPermit,operationandmaintenance requirements, inspection procedures, ways to perform their job activitiesto prevent or minimize
impacts to water quality, SOPs and SWPPPs for the variousCo-Permittee-owned or operated facilities and procedures for reporting water qualityconcerns, including potential illicit discharges.Training
records must be kept andshall include dates, activities or course descriptions, and names and positions of staffin attendance. Co-Permittees shall document and maintain records of the
trainingprovided and the staffin attendance. TheCo-Permittees mustensure thatallnewhiresare trained within60daysofhire andannually thereafter, ata minimum.Follow-up training shall be
provided as needed to address changes in procedures,methodsorstaffing.IndustrialandHighRiskRunoff(PhaseICo-PermitteeOnly)
Phase I Co-Permittee (Salt Lake County) shall continue to develop and implement an inspectionand oversight program to monitor and control pollutants in storm water discharges to the
MS4from industrial facilities. Phase I regulations specify that several key elements shall be includedin Phase I storm water management programs.These elements include:adequate legal
authorityto require compliance and inspect sites, inspection of priority industrial and commercial facilities,establishingcontrolmeasurerequirementsforfacilitiesthatmayposeathreattowaterquality,and
enforcing storm water requirements.If the Phase I Co-Permittee does not have industrial orhighriskrunoffintheirjurisdiction,Part4.3 willnotbe required.
ThefollowingpermitrequirementsapplytoonlyPhaseICo-Permittee(SaltLakeCounty):ThePhaseICo-Permitteemustmaintainaninventoryofallindustrialandcommercial sites/sources within its jurisdiction
(regardless of ownership) that coulddischarge pollutants in storm water to the MS4.The inventory shall be updatedannually,ata minimum,and madeavailableforreviewbythe Directorupon request.The
inventory must include the following minimum information for each industrialandcommercialsite/source:NameAddressPhysicallocationofstormdrainsandotherconveyancestructuresreceivingdischargeNameof
receivingwaterPollutantspotentiallygeneratedbythe site/sourceIdentification of whether the site/source is (1) tributary to an impaired waterbody segment (i.e., whether it is listed under
Section 303(d) of the CleanWater Act) and (2) whether it generates pollutants for which the water bodysegment isimpaired.A narrative description including the standard industrial classification
(SIC)codes, which best reflects the principal products or services provided by eachfacility.At a minimum, the following sites/sources shall be included in the inventory:Commercial Sites/Sources:Automobileandothervehiclebodyrepair
or paintingAutomobile(or other vehicle)parkinglotsandstoragefacilitiesAutomobilerepair,maintenance,fueling,orcleaningBuildingmaterial retailersandstorageCementmixingorcuttingEatingor
drinkingestablishments(e.g.,restaurants),includingfoodmarketsEquipmentrepair,maintenance,fueling,or cleaningGolfcourses,parksandotherrecreationalareas/facilitiesLandscapingMasonryMobileautomobileor
othervehicle washingMobilecarpet,drapeorfurniturecleaningNurseriesandgreenhousesPaintingandcoatingPestcontrolservicesPool and fountaincleaningPortablesanitaryservicesPowerwashingservicesRetail
or wholesale fuelingIndustrial Sites/SourcesIndustrialFacilities,asdefinedat40CFR122.26(b)(14),includingthosesubjecttotheMulti SectorGeneral PermitorindividualUPDESpermitFacilitiessubjecttoTitleIIIoftheSuperfundAmendmentsandReauthorizationAct(SARA)Hazardouswastetreatment,disposal,storageandrecoveryfacilitiesAll
other commercial or industrial sites/sources tributary to an impaired water bodysegment,wherethesite/sourcegeneratespollutantsforwhichthewaterbodysegment isimpaired.Allothercommercialorindustrialsites/sourcesthattheCo-Permitteedeterminesmay
contribute a significant pollutant load to the MS4 including those that the Co-Permitteemayhave a historyofpastwaterqualityproblems.TheCo-Permitteeshallrequireindustrialandcommercialfacilitieslistedintheinventory
included in Part 4.3.1.2. to select, install, implement, and maintain stormwatercontrolmeasuresas necessaryto minimizestormwater pollution.The Co-Permittee is required to notify industrial
and commercial sites of any controlmeasure requirementspertaining to theirsite and their responsibility to implementandcomplywith the requirements.TheCo-Permitteemayneedtorequireindustrialandcommercialfacilitiesthatdischarge
into impaired water bodies to implement additional controls as necessary topreventthe discharge ofpollutants ofconcern.The Co-Permittee shall prioritize all facilities on the basis of
the potential for waterquality impact using criteria such as pollutant sources on site, pollutants of concern,proximitytoa waterbody, and violation historyofthefacility.The Co-Permittee
shall describe in its SWMP document the process for prioritizingfacilities.The Co-Permittee is required to conduct inspections of all industrial and commercialfacilities at least once
during this Permit term with the highest priority facilitiesreceivingmore frequentinspections.For facilities with no exposure of commercial or industrial activities to storm water,no
inspections are required.However, the Co-Permittee shall continue to track thesefacilitiesforsignificant change intheexposureoftheiroperationstostormwater.Allindustrial andcommercialfacilityinspectionsshallat
aminimum:Evaluatethefacility’scompliancewiththispermit’sPart4.3.2.requirement to select, design, install, and implement storm water controlmeasures;Conduct a visual observation for evidence
of unauthorized discharges,illicitconnections,andpotential dischargeof pollutantstostormwater;Verify whether the facility is required to be authorized under the UPDESMulti-SectorGeneralPermit(MSGP)forStormWaterDischargesAssociated
with Industrial Activities and whether the facility has in factobtainedsuchpermitcoverage;Evaluate the facility’s compliance with any other relevant local stormwaterrequirements;Ataminimum,theCo-Permitteeshall
documentthefollowingforeachinspection:Theinspectiondateandtime;Thename(s)andsignature(s)oftheinspectors;Weatherinformationandadescriptionofanydischargesoccurringatthetimeofthe inspection;Anypreviouslyunidentifieddischargesof
pollutantsfromthesite;Anycontrol measuresneedingmaintenanceorrepairs;Anyfailedcontrol measuresthatneedreplacement;Anyincidentsofnoncomplianceobserved;andAnyadditionalcontrolmeasuresneededtocomplywiththispermit’srequirements.Inspectionfindingsmustbetrackedtoensureinspectionsareconductedatafrequencyconsistent
withtheprioritization processrequiredin Part 4.3.3.1.TheCo-Permitteemustensurethatallnecessaryfollowupinspectionsandenforcement activities are conducted as necessary to require implementation
andmaintenanceofallstormwatercontrolmeasures.TheCo-Permitteemustensurethatallstaffwhoseprimaryjobdutiesareimplementing the industrial storm water program are trained annually, at a minimum,to
conduct facility inspections. All new hires must be trained within 60 days uponhire. The training must cover what is required under this permit in terms of stormwater control measures,
the requirements of the Multi-Sector General Permit forDischarges Associated with Industrial Activities or other related local requirements,the Co-Permittee’s site inspection and documentation
protocols, and enforcementprocedures.Co-Permitteesshalldocumentandmaintainrecordsofthetrainingprovidedand the staffthestaffin attendance.SharingResponsibilityImplementation of one or
more of the six minimum measures may be shared withanother entity, or the entity may fully take over the measure.A Co-Permittee mayrelyon anotherentityonlyif:Theotherentity, infact,implementsthecontrolmeasure;The
particular control measure, or component of that measure, is at least as stringentasthe correspondingPermitrequirement;andTheotherentityagreestoimplementthecontrolmeasurethroughawrittenagreement.This
obligation shall be maintained as part of the description given in theCo-Permittee’sSWMPdocument.Iftheotherentityagreestoreportontheminimum control measure, the Co-Permittee must supply
the other entity with thereporting requirements contained in Part 5.6. of this Permit.If the other entity fails toimplementthecontrolmeasure,thentheCo-Permitteeremainsliableforanydischargesdue
to thatfailure toimplement.ReviewingandUpdatingStormWaterManagementProgramsStorm Water Management Program Review:All Co-Permittees must conduct, at aminimum, an annual review of the
SWMP document in conjunction with preparationof the annualreportrequired in Part5.6.StormWaterManagementProgramUpdate:ACo-PermitteemaychangetheSWMP document during the life of the Permit
in accordance with the followingprocedures:Changesadding(butnotsubtractingorreplacing)components,controls,orrequirementstotheSWMPdocumentmaybemadeatanytimeuponwrittennotificationtothe
Director.Changes replacing an ineffective or unfeasible BMP specifically identified in theSWMP document with an alternative BMP may be adopted at any time, provided theanalysis is clearly
outlined and subsequently approved by the Director. An analysisshouldinclude:ForPhaseICo-Permittee,SaltLakeCounty,areviewofmonitoringdata,anychanges in monitoring methods and parameters,
considerations for how to changemonitoring to improve information gathered from data, considerations about whatkind ofinformation is mostusefulforassessing storm water, and anotherlook
atwhat or how assessments can be made to track water quality as impacted by stormwater.Changes replacing an ineffective or unfeasible BMP specifically identified in theSWMP document
with an alternate BMP may be adopted at any time, provided theanalysis is clearly outlined and subsequently approved by the Director.An analysismustinclude:AnexplanationofwhytheBMPisineffective
orinfeasible,Expectationsorreportontheeffectivenessof thereplacementBMP,andAnanalysisofwhythereplacementBMPisexpectedtoachievethegoalsoftheBMPto be replaced,orhasachieved those goals.Change
requests or notifications must be made in writing and signed in accordancewith Part6.8.Change requests or notifications will receive confirmation and approval or denial inwritingfromthe
Director.StormWaterManagementProgramUpdatesrequiredbytheDirector:TheDirector
mayrequire changestotheSWMPas neededto:Addressimpactsonreceivingwaterqualitycaused,orcontributedto,bydischargesfromthe MS4;IncludemorestringentrequirementsnecessarytocomplywithnewFederalregulatoryrequirements;orIncludesuchotherconditionsdeemednecessarybytheDirectortocomplywiththegoalsandrequirements
ofthe Clean Water Act.5.0NarrativeStandard,Monitoring,RecordkeepingandReportingNarrativeStandard
It shall be unlawful, and a violation of this Permit, for the Co-Permittee to discharge or place anywaste or other substance in such a way as will be or may become offensive such as
unnaturaldeposits, floating debris, oil, scum or other nuisances such as color, odor or taste, or conditionswhich produce undesirable aquatic life or which produces objectionable tastes
in edible aquaticorganisms;orconcentrationsorcombinationsofsubstanceswhichproduceundesirablephysiological responses in desirable resident fish, or other desirable aquatic life, or undesirablehuman
health effects, as determined by bioassay or other tests performed in accordance withstandardprocedures.GeneralMonitoringandSamplingRequirementsWet Weather Monitoring:Co-Permittees with
jurisdictions within Phase I areas mustimplement a wet weather monitoring program that is appended to this Permit inAppendix III as required by the Director. The program may be modified
providedthe modification (s) meets the requirements of this section and Part 1.6.4. The Co-Permitteemust meettheobjectives of the monitoringprogramaslistedbelow:Assess storm water impacts
to in-stream water quality, hydrology, geomorphology,habitat,andbiology;Providedatato estimateannualcumulative pollutantloadingsfromtheMS4;Estimateevent meanconcentrationsand pollutantsindischargesfrommajor
outfalls;Identifyandprioritizeportions oftheMS4requiringadditional controls,and;Identifywaterqualityimprovementsordegradation.Phase I Co-Permittee, Salt Lake County, must select monitoring
locations as neededto best characterize the purpose of the objective listed above and be representative ofthe area covered by the Permit and be within the Co-Permittee’s jurisdiction.If
thePhase I Co-Permittee does not have jurisdiction over facilities that will meet thepurposeoftheobjectivesoutlinedabove,wetweathermonitoringwillnotberequired.If required, the latest
version of Salt Lake County’s Sampling Plan for RepresentativeStorm Monitoringmust be placed in Appendix III within 90 days of issuance of thisPermit.The Sampling Plan for Representative
Storm Monitoring must attempt toaddressmonitoringofa representative stormfor thearea.Phase I Co-Permittee, Salt Lake County, may modify the sampling plan and submitthe modified plan
for approval by the Director.All modifications to the samplingplanmustbe approved bythe Director.The minimum monitoring to be conducted each year must be a planned wet weathermonitoringfrequencyoftwiceayear,subjecttotheoccurrenceofappropriatestorm
events. If the Phase I Co-Permittee is not able to accomplish the planned monitoringfrequency the Phase I Co-Permittee must submit detailed reasons and weather datashowingwhyitwas notpossible.Dry
Weather Screening:Phase I Co-Permittee, Salt Lake County, must continue itsdry weather screening efforts and include the latest version of its Sampling Plan forDry Weather Screening
in Appendix III and submitted to the Director within 90 daysof issuance ofthisPermit.TheSamplingPlanforDryWeatherScreeningmustincludethescreeningmethodology usedforscreening alloutfallsofthe
MS4atleastonceduring thepermit term.The inventory of outfalls and associated maps must be kept current.Phase I Co-Permittee, Salt Lake County, must also comply with the requirements
ofPart 4.2.3.3.2 of this Permit and address priority areas identified in Part 4.2.3.3.1 todetect illicit discharges within one year of receiving coverage from this Permit, andfield assessing
an additional 20 percent of the identified high priority waters of thestateorotherhigh priorityareaeach yearthereafter.Phase I Co-Permittee, Salt Lake County, must at a minimum, annually
train all staffinvolvedwithWetWeatherMonitoringandDryWeatherScreening.TheCo-Permittee must document and maintain records of the training provided and the staffin attendance.AnalyticalMonitoring
PhaseIICo-Permitteesarenotrequiredtoconductanalyticalmonitoring(seedefinitioninPart7.3) duringthe effective termofthis Permit, withthe followingexceptions:Water quality sampling may
be required for compliance with TMDLs, pursuant toPart3.1. ofthis Permit.Sampling or testing may be required for characterizing illicit discharges pursuant toParts4.2.3.4., 4.2.3.5.,
and4.2.3.5.1 ofthisPermit.IntheeventthatthePhaseIIMS4electstoconductanalyticalmonitoringaspartofits Storm Water Management Program, the Co-Permittee is required to comply withPart6.18.ofthisPermit.Non-analyticalMonitoringNon-analyticalmonitoring(seedefinitionsinPart7.0)suchasvisualdryweatherscreeningis
requiredtocomply with Part4.2.3.3.2ofthis Permit.RecordkeepingCo-PermitteesmustkeepallsupplementarydocumentsassociatedwiththisPermit(e.g.,StormWaterManagementProgram(SWMP)document,SWMP
ImplementationSchedule)currentanduptodatetoachievethepurposeandobjectivesoftherequired document.All modifications to supplementary documents must be submitted to the Director inaccordancewith
Parts 4.5.and 6.8.The Director may at any time make a written determination that parts or all of thesupplementarydocumentsare notincompliance withthis Permit,
wherein theCo-Permitteeshallmakemodificationstothesepartswithin atimeframespecifiedbythe Director.The Co-Permittee mustretain allrequired plans, records of allprograms, records ofall
monitoring information, copies of all reports required by this Permit, and recordsofallotherdatarequiredbyorusedtodemonstratecompliancewiththisPermit,forat least five years from the
date of the record.This period may be explicitly modifiedby alternative provisions of this Permit or extended by request of the Director at anytime.The Co-Permitteemust make records,
including the Notice of Intent (NOI) and theSWMPdocument, available tothe publicifrequested.ReportingEach Co-Permittee must submit an annual report to the Director by October 1forthereportingperiod
ofJuly1 toJune30ofeach year ofthe Permitterm.Thereportmustbesubmittedusingthereportform providedontheDivision’swebsiteat:https://deq.utah.gov/water-quality/municipal-separate-storm-sewer-system-ms4s-permits-updes-permitsThe
Phase I Co-Permittee, Salt Lake County must submit a summary of five years ofwet weather monitoring and assess trends and make conclusions (This timeframetakesinto accounttheprevious
Permit conditions and reporting requirements, someof the data was requiredbytheprevious Permitterm).Each Co-Permittee must sign and certify the annual report in accordance with Part6.8.Signedcopiesoftheannualreportandallotherreportsrequiredherein,mustbesubmitted
directly to the DWQ electronic document system at:https://deq.utah.gov/water-quality/water-quality-electronic-submissionsLegalAuthority
Each Co-Permittee must ensure legal authority exists to control discharges to and from thoseportions the MS4 over which it has jurisdiction.This legal authority may be a combination
ofstatute, ordinance, Permit, contract, order or inter-jurisdictional agreements with Co-Permitteeswithexistinglegalauthorityto:ControlthecontributionofpollutantstotheMS4bystormwaterdischargesassociated
withindustrialactivity and the quality ofstorm waterdischargedfromsitesofindustrialactivity(includingconstruction activity);Effectivelyprohibitillicitandnon-storm waterdischargesthroughordinance,orother
regulatory mechanism, into the MS4 and must be able to implement appropriateenforcement procedures and actions;Control the discharge of spills and the dumping or disposal of materials
other thanstormwaterintotheMS4;Control through interagency agreements among Co-Permittees the contribution ofpollutantsfromone portionofthe MS4 toanother;Requirecompliancewithconditionsinordinances,permits,contractororders;andConductallinspection,surveillanceandmonitoringactivitiesandproceduresnecessaryto
determine compliance withconditions inthis Permit.6.0StandardPermitConditionsDutytoComply
The Co-Permittee must comply with all conditions of this Permit.Any Permit noncomplianceconstitutes a violation of the Act and is grounds for enforcement action; for Permit termination,revocation
and reissuance, or modification; or for denial of Permit coverage.The Co-Permitteeshall give advance notice to the Director of any planned changes in the Permitted facility oractivity,which
mayresultinnoncompliance with Permitrequirements.PenaltiesforViolationsofPermitConditions
The Act provides that any person who violates a Permit condition implementing provisions of theAct is subject to a civil penalty not to exceed $10,000 per day of such violation.Any person
whowillfullyornegligentlyviolatesPermitconditionsortheActissubjecttoafinenotexceeding
$25,000 per day of violation. Any person convicted under UCA 19-5-115(2) a second time shallbepunished bya fine notexceeding$50,000perday.DutytoReapply
If the Permittee wishes to continue an activity regulated by this Permit after the expiration date ofthis Permit, the Permittee must apply for and obtain a new Permit.The application
must besubmitted at least 180 days before the expiration date of this Permit.Continuation of expiringPermitsmust be governed by regulations promulgated at UAC R317-8-5 and any subsequentamendments.NeedtoHaltorReduceActivitynotaDefense
Itshallnotbea defense foraPermitteein an enforcementaction thatitwouldhavebeennecessary to halt or reduce otherwise permitted activities in order to maintain compliance with theconditionsofthis
Permit.DutytoMitigate
The Permitteemust take all reasonable steps to minimize or prevent any discharge in violation ofthisPermit,whichhasareasonablelikelihoodofadverselyaffectinghumanhealthortheenvironment.DutytoProvideInformation
ThePermitteemustfurnishtotheDirector,withinatimespecifiedbytheDirector,anyinformation which the Director may request to determine whether cause exists for modifying,revokingandreissuing,orterminatingthisPermit,ortodeterminecompliancewiththisPermit.
ThePermitteeshallalsofurnishtotheDirector,uponrequest,copiesofrecordsrequiredtobekeptbythis Permit.OtherInformation
WhenthePermitteebecomesawarethatitfailedtosubmitanyrelevantfactsinaPermitapplication,orsubmittedincorrectinformationinaPermitapplicationoranyreporttotheDirector,itshallpromptlysubmitsuchfactsorinformation.SignatoryRequirements
All notices of intent, storm water management programs, storm water pollution prevention plans,reports,certificationsorinformationeithersubmittedtotheDirectororthatthisPermitrequirestobe
maintained bythe Permittee, shallbesigned,dated and certifiedasfollows:All Permit applications must be signed by either a principal executive officer orrankingelected official.All reports
required by the Permit and other information requested by the Directormust be signed by a person described above or by a duly authorized representative ofthat person. Apersonis adulyauthorizedrepresentative
onlyif:The authorization ismadein writing by aperson described aboveand submitted tothe Director,and,The authorization specifies either an individual or a position having responsibility
forthe overall operation of the regulated facility, such as the position of plant manager,superintendent, position ofequivalentresponsibility, oran individualorpositionhavingoverallresponsibilityforenvironmentalmatters.Adulyauthorizedrepresentative
may thus be either a named individual or any individual occupying anamed position.Changes to authorization.If an authorization under Part 6.8.2. is no longer accuratebecause a different
individual or position has responsibility for the overall operationof the facility, a new authorization satisfying the requirements of Part 6.8.2. must besubmittedtotheDirectorpriortoortogetherwithanyreports,information,orapplicationsto
besigned byan authorized representative.Certification.AnypersonsigningdocumentsunderthisPartmustmakethefollowingcertification:
"I certify under penalty of law that this document and all attachments were preparedundermydirectionorsupervisioninaccordancewithasystemdesignedtoassurethat qualified personnel properly
gathered and evaluated the information submitted.Based on my inquiry of the person or persons who manage the system, or thosepersons directly responsible for gathering the information,
the information submittedis,tothebestofmyknowledgeandbelief,true,accurate,andcomplete.Iamaware
thattherearesignificantpenaltiesforsubmittingfalseinformation,includingthepossibilityoffineandimprisonmentforknowingviolations."AvailabilityofReports
ExceptfordatadeterminedtobeconfidentialundertheGovernmentRecordsAccessandManagement Act (see particularly Utah Admin. Code § 63-2-309) and Utah Admin. Code § 19-1-3-6, all reports prepared
in accordance with the terms of this Permit must be available for publicinspection at the office of the Division.As required by the Act, Permit applications, Permits andeffluent datashallnotbe
consideredconfidential.PenaltiesforFalsificationofReports
The Act provides that any person who knowingly makes any false statement, representation, orcertification in any record or other document submitted or required to be maintained under
thisPermit, including monitoring reports or reports of compliance or noncompliance shall, uponconviction be punished by a fine of not more than $10,000.00 per violation, or by imprisonmentfor
notmore thansix months per violation, orbyboth.UtahAdmin. Code §19-5-115(4)PenaltiesforTampering
The Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,anymonitoringdeviceormethodrequiredtobemaintainedunderthisPermitmust,uponconviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment fornot more than six months perviolation, orbyboth.PropertyRights
The issuance of this Permit does not convey any property rights of any sort, or any exclusiveprivileges, nor does it authorize any injury to private property or any invasion of personal
rights,nor anyinfringementoffederal,state orlocallawsorregulations.Severability
The provisions of this Permit are severable, and if any provision of this Permit, or the applicationof any provision of this Permit to any circumstance, is held invalid, the application
of suchprovisiontoothercircumstances,andtheremainderofthisPermit shall notbeaffectedthereby.RequiringaDifferentPermit
The Director may require the Co-Permittee authorized by this Permit to obtain an individualUPDESPermit.Any interested personmay petitiontheDirectorto takeactionunder thisparagraph.The
Director may require the Permittee authorized to discharge under this Permit toapplyforanindividualUPDESPermitonlyifthePermitteehasbeennotifiedinwritingthata
Permit application is required.This notice must include a brief statement of the reasons for thisdecision,anapplicationform(asnecessary),astatementsettingadeadlineforthePermitteetofile
the application, and a statement that on the effective date of the municipal UPDES Permit,coverage under this Permit shall automatically terminate.Permit applications must be submittedto
the address of the Division shown in Part 5.5. of this Permit.The Director may grantadditional time to submit the application upon request of the applicant.If the municipality fails
tosubmit in a timely manner a municipal UPDES Permit application as required by the Director,then the applicability of this Permit to the Permittee is automatically terminated at the
end of thedayspecified forapplication submittal.State/FederalLaws
Nothing in this Permit shall be construed to preclude the institution of any legal action or relievethePermitteefromanyresponsibilities,liabilities,orpenaltiesestablishedpursuanttoanyapplicable
State law or regulation under authority preserved by UAC 19-5and Section 510 oftheClean WaterAct oranyapplicableFederalor Statetransportationregulations.ProperOperationandMaintenance
The Co-Permittee must at all times properly operate and maintain all facilities and systems oftreatment and control (and related appurtenances) which are installed or used by the Permittee
toachieve compliance with the conditions of this Permit and with the requirements of the SWMP.Proper operation and maintenance also includes adequate laboratory controls and appropriatequalityassuranceprocedures.Properoperationandmaintenancerequirestheoperationofbackuporauxiliaryfacilitiesorsimilarsystems,installedbythePermitteeonlywhennecessarytoachieve
compliancewiththe conditions ofthe Permit.MonitoringandRecordsSamplesandmeasurementstakenforthepurposeofmonitoringmustberepresentativeof the monitoredactivity.ThePermitteemustretainrecordsofallmonitoringinformationincludingallcalibrationandmaintenancerecordsandalloriginalstripchartrecordingsforcontinuous
monitoring instrumentation, copies of the reports required by this Permit,and records of all data used to complete the application for this Permit, for a period ofat least five years
from the date of the sample, measurement, report or application.Thisperiod maybeextended byrequestof the Directoratanytime.Recordsof monitoringinformationmust include:Thedate,exactplace,andtimeof
samplingor measurements;Thename(s)oftheindividual(s) whoperformedthesamplingor measurements;Thedate(s)andtime(s)analyseswereperformed;Thename(s)oftheindividual(s) whoperformed theanalyses;Theanalyticaltechniquesormethods
used;andTheresultsofsuchanalyses.MonitoringProcedures
MonitoringmustbeconductedaccordingtotestproceduresapprovedunderUtahAdmin.CodeR317-2-10,unless othertest procedureshave beenspecifiedinthis Permit.InspectionandEntry
ThePermitteeshallallowtheDirectororanauthorizedrepresentative,uponthepresentationofcredentialsand otherdocuments as maybe required bylaw, to:EnteruponthePermittee’spremiseswherearegulatedfacilityoractivityislocatedor
conductedor whererecordsmust bekept undertheconditionsof thisPermit;Have access to and copy at reasonable times, any records that must be kept under theconditionsofthis Permit;andInspect
at reasonable times any facilities or equipment (including monitoring andcontrolequipment).Sampleormonitoratreasonabletimes,forthepurposesofassuringPermitcompliance or as otherwise authorized
by law, any substances or parameters at anylocation.PermitActions
This Permit may be modified, revoked and reissued, or terminated for cause.The filing of arequestbythePermitteeforaPermitmodification,revocationandre-issuance,ortermination,oranotificationofplannedchangesoranticipatednoncompliancedoesnotstayanyPermitcondition.StormWater-ReopenerProvision
At any time during the duration (life) of this Permit, this Permit may be reopened and modified(following properadministrativeprocedures)as perUACR317.8, toinclude, any applicablestorm
water provisions and requirements, a storm water pollution prevention plan, a complianceschedule, a compliance date, monitoring and/or reporting requirements, or any other conditionsrelatedtothecontrolofstormwaterdischarges
towaters of the state.7.0Definitions
DefinitionsrelatedtothisPermit andsmall municipalseparatestormsewers(MS4s).
“40 CFR” refers to Title 40 of the Code of Federal Regulations, which is the codification of thegeneral and permanent rules published in the Federal Register by the executive departments
andagenciesofthe Federalgovernment.
"Act" meansthe UtahWaterQualityAct.
“Analytical monitoring” refers to monitoring of water bodies (streams, ponds, lakes, etc.) or ofstormwater,accordingtoUACR317-2-10and40CFR136"GuidelinesEstablishingTestProcedures for
the Analysis of Pollutants,” or to State or Federally established protocols forbiomonitoringorstreambio-assessments.
“Beneficial Uses” means uses of the waters of the state, which include but are not limited to:domestic,agricultural,industrial, recreational,and other legitimate beneficial uses.
“Best Management Practices" (BMPs) means schedules of activities, prohibitions of practices,maintenance procedures, and other management practices to prevent or reduce the pollution
ofwatersofthestate.BMPsalsoincludetreatmentrequirements,operatingprocedures,andpractices to control facility site runoff, spillage or leaks, sludge or waste disposal, or drainagefromrawmaterialstorage.
“CWA” means The Clean Water Act of 1987, formerly referred to as the Federal Water PollutionControl Act.
"Co-Permittee"meansany operatorofaregulated SmallMS4thatisapplyingjointlywithanother applicant for coverage under this Permit.A Co-Permittee owns or operates a regulatedSmall MS4 located
within or adjacent to another regulated MS4.A Co- Permittee is onlyresponsible for complying with the conditions of this Permit relating to discharges from the MS4theCo-Permitteeowns
oroperates.Seealso 40 CFR122.26(b)(1).
“Control Measure” refers to any Best Management Practice or other method used to prevent orreducethe discharge ofpollutantsto waters ofthestate.
“Common plan of development or sale” means one plan for development or sale, separate parts ofwhicharerelatedbyanyannouncement,pieceofdocumentation(includingasign,publicnoticeorhearing,salespitch,advertisement,drawing,plat,blueprint,contract,Permitapplication,zoning
request, computer design, etc.), physicaldemarcation (including contracts) thatidentifythe scope of the project.A plan may still be a common plan of development or sale even if it istaking
place in separate stages or phases, is planned in combination with other constructionactivities,oris implemented bydifferentownersoroperators.
“Developedsite”meansaparcelorproperty thatwaspreviously incommercial,industrial,institutional, governmental, or residential use. A parcel that was previously in an agricultural usewould
notbeconsideredtobe a developedsite.
“Director” means the director of the Utah Division of Water Quality, otherwise known as theExecutiveSecretaryoftheUtah WaterQualityBoard.
“Division”meanstheUtahDivisionofWaterQuality.
"Discharge" for the purpose of this Permit, unless indicated otherwise, refers to discharges fromtheMunicipalSeparate StormSewerSystem(MS4).
"Dryweatherscreening"ismonitoringdoneintheabsenceofstormeventstodischargesrepresenting, as much as possible, the entire storm drainage system for the purpose of obtaininginformationaboutillicitconnections
andimproperdumping.
“Escalatingenforcementprocedures”referstoavarietyofenforcementactionsinordertoapplyasnecessaryfor the severityof the violationand/ortherecalcitranceoftheviolator.
“Entity” means a governmental body or a public or private organization."EPA"meanstheUnitedStatesEnvironmental ProtectionAgency.
“General Permit” means a Permit which covers multiple dischargers of a point source categorywithinadesignatedgeographicalarea,inlieuofindividualPermitsbeingissuedtoeachdischarger.
“Groundwater”meanswaterinasaturatedzoneorstratumbeneaththesurfaceofthelandorbelowasurface waterbody.
“High quality waters” means any water, where, for a particular pollutant or pollutant parameter,the water quality exceeds that quality necessary to support the existing or designated
uses, orwhichsupportsan exceptionaluse.
"Illicitconnection"meansanyman-madeconveyanceconnectinganillicitdischargedirectlytoamunicipalseparatestormsewer.
"Illicit discharge" means any discharge to a municipal separate storm sewer that is not composedentirely of storm water except discharges pursuant to a UPDES Permit (other than the UPDESPermit
fordischargesfromthemunicipalseparatestormsewer)orto watersofthestate.
“Impaired waters” means any segment of surface waters that has been identified by the Directoras failing to support classified uses.The Division periodically compiles a list of such
watersknownas the 303(d)List.
“Large MS4” Large municipal separate storm sewer system means all municipal separate stormsewersthatarelocatedinanincorporatedplacewithapopulationof250,000ormoreasdeterminedbythecurrentDecennialCensus
bythe Bureauofthe Census.
“Low Impact Development” (LID) is an approach to land development (or re-development) thatworks with nature to more closely mimic pre-development hydrologic functions.LID employsprinciples
such as preserving and recreating natural landscape features, minimizing effectiveimperviousnesstocreatefunctionalandappealingsitedrainagethattreatstormwaterasaresource rather than a
waste product. There are many practices that have been used to adhere tothese principles such as bio-retention facilities, rain gardens, vegetated rooftops, rain barrels, andpermeablepavements.
"MS4" isanacronymfor "municipalseparatestormsewersystem".
"Maximum Extent Practicable" (MEP) is the technology-based discharge standard for MunicipalSeparate Storm Sewer Systems established by paragraph 402(p)(3)(B)(iii) of the Federal CleanWater
Act (CWA), which reads as follows:“Permits for discharges from municipal storm sewersshall require controls to reduce the discharge of pollutants to the maximum extent practicable,includingmanagementpractices,controltechniques,andsystem,design,andengineeringmethods,
and other such provisions as the Administrator or the State determines appropriate forthecontrolofsuch pollutants.”
“Medium MS4” Medium municipal separate storm sewer system means all municipal separatestorm sewers that are located in an incorporated place with a population of 100,000 or more butlessthan
250,000,asdetermined bythe1990Decennial Census bythe BureauoftheCensus
“Monitoring”referstotrackingor measuringactivities,progress,results,etc.;
"Municipalseparatestormsewersystem"meansaconveyanceorsystemofconveyances(including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,man-madechannels,
or storm drains)pursuant to paragraphsR317-8-1.6(4), (7),& (14),ordesignatedunderUACR317-8-3.9(1)(a)5:
that is owned or operated by a state, city, town, county, district, association, or otherpublic body (created by or pursuant to State Law) having jurisdiction over disposal ofwastes,
storm water, or other wastes, including special districts under State Law suchas a sewer district, flood control district or drainage district, or similar entity, or adesignated and
approved management agency under section 208 of the CWA thatdischargestowaters ofthestate;
that is designed or used for collecting or conveying storm water;whichis notacombined sewer;and
whichisnotpartofaPubliclyOwnedTreatmentWorks(POTW)asdefinedin40CFR122.2.
“NOI” is an acronym for “Notice of Intent” to be covered by this Permit and is the mechanismusedto “register” forcoverage undera generalPermit.
“Non-analytical monitoring” refers to monitoring for pollutants by means other than UAC R317-2-10 and 40 CFR 136, such as visually or by qualitative tools that provide comparative or
roughestimates.
“Operator”isthepersonorentityresponsiblefortheoperationandmaintenanceof theMS4.
"Outfall" means a point source as defined by UAC R317-8-1.5(34) at the point where a municipalseparate storm sewer discharges to waters of the state and does not include open conveyancesconnecting
two municipal separate storm sewers, or pipes, tunnels or other conveyances whichconnect segments of the same stream or other waters of the state and are used to convey waters ofthe
state.
“Phase II areas” means areas regulated under UPDES storm water regulations encompassed bySmall MS4's (see definition7.39.).
“Priority construction site” means a construction site that has potential to threaten water qualitywhen considering the following factors:soil erosion potential; site slope; project
size and type;sensitivityofreceivingwaterbodies;proximitytoreceivingwaterbodies;non-stormwaterdischargesand pastrecordofnon-compliance bythe operators ofthe constructionsite.
“Redevelopment”isthereplacement or improvementof impervious surfacesonadevelopedsite.
“Runoff” iswater that travelsacross theland surface, or laterally through the ground neartheland surface, and discharges to waters of the state either directly or through a collection
andconveyance system.Runoff includes storm water and water from other sources that travels acrossthelandsurface.
“SWMP” is an acronym for storm water management program.The SWMP document is thewritten plan that is used to describe the various control measures and activities the Permittee willundertaketoimplementthestormwatermanagementplan.
“SWPPP"isanacronymfor stormwaterpollutionprevention plan.
“Small municipal separate storm sewer system” is any MS4 not already covered by the Phase Iprogram as amedium or large MS4. The Phase II Rule automatically covers on a nationwidebasis
all Small MS4s located in “urbanized areas” (UAs) as defined by the Bureau of the Census(unless waived by the UPDES Permitting authority), and on a case-by-case basis those SmallMS4slocatedoutside
of UAs thatthe UPDESPermittingauthoritydesignates.
This term includes systems similar to separate storm sewersystems in municipalities,such as systems at military bases, large hospital or prison complexes, and highways andother thoroughfares.The
term does not include separate storm sewers in very discreteareas,such as individualbuildings.
“SOP” is an acronym for standard operating procedure which is a set of written instructions thatdocument a routine or repetitive activity.For the purpose of this Permit, SOPs should
emphasizepollutioncontrolmeasuresto protect waterqualitywithdetails specificto the location.
"Stormwater" meansstormwater runoff,snowmeltrunoff,andsurfacerunoff anddrainage.
“Storm water management program” means a set of measurable goals, actions, and activitiesdesigned to reduce the discharge of pollutants from the Small MS4 to the maximum extentpracticableand
toprotectwaterquality.
“TMDL” is an acronym for“TotalMaximum Daily Load” and in this Permitrefers to a studythat: 1)quantifiestheamountofa pollutantin astream;2)identifiesthesourcesof
the pollutant; and 3) recommends regulatory or other actions that may need to be taken in orderfortheimpairedwaterbodyto meetwaterqualitystandards.
“Urbanized area” is a land area comprising one or more places and the adjacent densely settledsurrounding area that together have a residential population of at least 50,000 and an overallpopulationdensityofatleast1,000
peoplepersquaremile.
“waters of the state” means all streams, lakes, ponds, marshes, water-courses, waterways, wells,springs,irrigationsystems,drainagesystems,andallotherbodiesoraccumulationsofwater,
surface and underground, natural or artificial, public or private which are contained within, flowthrough, or border upon this state or any portion thereof, except bodies of water confined
to andretained within the limits of private property, and which do not develop into or constitute anuisance, or a public health hazard, or a menace to fish and wildlife which shall not
be consideredtobe“watersofthestate”underthisdefinition(“UAC”R317-1-1).